The engrossed bill grants to the juvenile court exclusive original jurisdiction
over an unborn child who is alleged to be in need of protection or services which can
be ordered by the juvenile court and whose expectant mother habitually lacks
self-control in the use of alcohol beverages, controlled substances or controlled
substance analogs, exhibited to a severe degree, to the extent that there is a
substantial risk that the physical health of the unborn child, and of the child when
born, will be seriously affected or endangered unless the expectant mother receives
prompt and adequate treatment for that habitual lack of self-control. The engrossed
bill also grants to the juvenile court exclusive original jurisdiction over the expectant
mother of such an unborn child.
Dispositions
Under current law, if the juvenile court finds that a child is in need of protection
or services, the juvenile court must enter a dispositional order imposing one or more
of the dispositions authorized under current law. Those dispositions include all of
the following:
1. Counseling the child or the child's parent, guardian or legal custodian.
2. Placing the child under the supervision of the county department, a licensed
child welfare agency, the department of health and family services (DHFS) or a
suitable adult under conditions prescribed by the juvenile court, including
reasonable rules for the child's conduct, designed for the well-being of the child.
3. Ordering the child to be placed in the home of a relative or in a foster home,
treatment foster home, group home or residential treatment facility.
4. Ordering the child's parents to provide the child with special treatment and
care, which is defined under current law as professional services, including medical,
psychological or psychiatric treatment, alcohol or other drug abuse (AODA)
treatment or other services, which need to be provided to a child and his or her family
to protect the well-being of the child, prevent placement of the child outside of the
child's home or meet the special needs of the child.
5. Ordering the child to enter an outpatient AODA treatment program or to
participate in an AODA eduction program.
In addition, under current law, the juvenile court may order the parent,
guardian or legal custodian of a child who has been found to be in need of protection
or services to comply with any conditions determined by the juvenile court to be
necessary for the child's welfare. Such an order may include an order to participate
in mental health treatment, anger management, individual or family counseling or
parent training and education. Such an order, however, may not include inpatient
treatment. Currently, a parent, guardian or legal custodian of a child who is found
to be in need of protection or services may be ordered into inpatient treatment only
under the mental health act.
The engrossed bill authorizes the juvenile court to impose on a child expectant
mother of an unborn child who is found to be in need of protection or services one or
more of the following dispositions, in addition to any of the dispositions that may be
imposed on any child under the children's code, except that the juvenile court may
not place a child expectant mother of an unborn child in need of protection or services
outside of the child expectant mother's home unless the juvenile court finds that the
child expectant mother is refusing or has refused to accept any AODA services
offered to her or is not making or has not made a good faith effort to participate in
any AODA services offered to her:
1. Order the child expectant mother to enter an inpatient AODA treatment
program, but only if the juvenile court finds that the child expectant mother is in
need of inpatient treatment, that inpatient treatment is appropriate for the child
expectant mother's needs and that inpatient treatment is the least restrictive
treatment consistent with the child expectant mother's needs.
2. If it appears that the unborn child may be born during the period of the
dispositional order, order that the child, when born, be provided with any services
or care that may be ordered for a child in need of protection or services under the
children's code.
Similarly, the engrossed bill authorizes the juvenile court to impose one or more
of the following dispositions on an adult expectant mother of an unborn child who is
found to be in need of protection or services, except that the juvenile court may not
place an adult expectant mother of an unborn child in need of protection or services
outside of the adult expectant mother's home unless the juvenile court finds that the
adult expectant mother is refusing or has refused to accept any AODA services
offered to her or is not making or has not made a good faith effort to participate in
any AODA services offered to her:
1. Counsel the adult expectant mother.
2. Place the adult expectant mother under the supervision of the county
department, DHFS or a suitable adult under conditions prescribed by the juvenile
court, including reasonable rules for the adult expectant mother's conduct, designed
for the physical well-being of the unborn child. Such an order may include an order
to participate in mental health treatment, anger management, individual or family
counseling or parent or prenatal development training and education.
3. Order the adult expectant mother to be placed in the home of an adult
relative or friend or in a community-based residential facility.
4. Order the adult expectant mother to obtain special treatment or care, which
is defined in the bill as professional services, including medical, psychological or
psychiatric treatment, AODA treatment or other services, which need to be provided
to an expectant mother to protect the physical health of the unborn child and of the
child when born.
5. Order the adult expectant mother to enter an outpatient AODA treatment
program or to participate in an AODA education program.
6. Order the adult expectant mother to enter an inpatient AODA treatment
program, but only if the juvenile court finds that the adult expectant mother is in
need of inpatient treatment, that inpatient treatment is appropriate for the adult
expectant mother's needs and that inpatient treatment is the least restrictive
treatment consistent with the adult expectant mother's needs.
7. If it appears that the unborn child may be born during the period of the
dispositional order, order that the child, when born, be provided with any services
or care that may be ordered for a child in need of protection or services under the
children's code.
Abuse investigations
Under current law, subject to certain exceptions, certain individuals, such as
physicians, nurses, social workers, teachers, day care providers and law enforcement
officers (mandated reporters) having reasonable cause to suspect that a child seen
in the course of professional duties has been abused or neglected or having reason
to believe that a child seen in the course of professional duties has been threatened
with abuse or neglect and that abuse or neglect will occur must, and any person
(discretionary reporter) having reason to suspect that a child has been abused or
neglected or reason to believe that a child has been threatened with abuse or neglect
and that abuse or neglect will occur may, report that suspected or threatened abuse
or neglect to the sheriff, local police department or county department. Current law,
however, provides an exception to the child abuse reporting requirement for a health
care provider who provides health care services, such as family planning services or
obstetrical treatment, to a child. If the reporter requests an immediate
investigation, the sheriff or local police department must immediately investigate to
determine if there is reason to believe that the child's health or safety is in immediate
danger and take necessary action, including taking the child into custody, to protect
the child. The county department must initiate a diligent investigation within 24
hours after receiving a report to determine if the child is in need of protection or
services and, if the county department determines that the child is in need of
services, the county department must offer to provide those services. If those
services are refused, the county department may request the district attorney to file
a petition alleging that the child is in need of protection or services. Under current
law, any person participating in good faith in the making of a report, conducting an
investigation or performing a medical examination under the child abuse reporting
law is immune from any liability that results from that action.
The engrossed bill extends the child abuse and neglect reporting law to unborn
children who are suspected of having been abused or who are at substantial risk of
abuse, which is defined in the bill as serious physical harm inflicted on an unborn
child, and the risk of serious physical harm to the child when born, caused by the
habitual lack of self-control of the expectant mother of the unborn child in the use
of alcohol beverages, controlled substances or controlled substance analogs,
exhibited to a severe degree.
Specifically, under the engrossed bill, subject to certain exceptions, a
mandatory reporter having reasonable cause to suspect that an unborn child seen
in the course of professional duties has been abused or having reason to believe that
an unborn child seen in the course of professional duties is at substantial risk of
abuse must, and a discretionary reporter having reason to suspect that an unborn
child has been abused or reason to believe that an unborn child is at substantial risk
of abuse may, report that suspected or threatened abuse to the sheriff, local police
department or county department. The engrossed bill, however, provides an
exception to the unborn child abuse reporting requirement for a health care provider
who provides health care services, such as family planning services or obstetrical
treatment, to an expectant mother of an unborn child and for an AODA services
provider who provides AODA services to an expectant mother of an unborn child,
except that an AODA services provider must report as required if the expectant
mother has refused or is refusing to accept any AODA services offered to her or is not
making or has not made a good faith effort to participate in any AODA services
offered to her. The sheriff or local police department, and county department, then
must investigate and take action in the same manner as they investigate and take
action with respect to a child abuse or neglect report under current law. Under the
engrossed bill, any person who fails to report abuse of an unborn child based on a good
faith evaluation is immune from liability for that failure to report.
Taking and holding expectant mother in custody
Under current law, a child may be taken into custody under a warrant, a capias
or an order of the juvenile court if made on a showing that the welfare of the child
demands that the child be immediately removed from his or her present custody.
Current law also permits a child to be taken into custody under circumstances in
which a law enforcement officer believes on reasonable grounds that the child is
suffering from illness or injury or is in immediate danger from his or her
surroundings and that removal from those surroundings is necessary or that the
child has violated the conditions of the temporary physical custody order. The person
taking the child into custody must make every effort to release the child immediately
to the child's parent, guardian or legal custodian, but, if the child is not released, that
person must deliver the child to the juvenile court intake worker (intake worker).
The intake worker must also make every effort to release the child, but may decide
to hold the child in custody if the intake worker determines that there is probable
cause to believe that the child is within the jurisdiction of the juvenile court and that
certain criteria are met, including the criterion that if the child is not held he or she
will be subject to injury by others. A child who is held in custody may be held in
custody in various places, including the home of a relative; a hospital or a physician's
office, if the child is suffering from a serious physical condition that requires prompt
diagnosis or treatment; or a treatment facility, if the child is believed to be mentally
ill, drug dependent or intoxicated and to be dangerous to himself or herself or others.
A child who is held in custody and who is not released must have a hearing within
48 hours, excluding Saturdays, Sundays and holidays, after the decision to hold the
child was made to determine whether the child should continue to be held in custody.
The engrossed bill permits an expectant mother of an unborn child to be taken
into custody under a warrant, a capias or an order of the juvenile court if made on
a showing that due to the expectant mother's habitual lack of self-control in the use
of alcohol beverages, controlled substances or controlled substance analogs,
exhibited to a severe degree, there is a substantial risk that the physical health of
the unborn child, and of the child when born, will be seriously affected or endangered
unless the expectant mother is taken into custody and that the expectant mother is
refusing or has refused to accept any AODA services offered to her or is not making
or has not made a good faith effort to participate in any AODA services offered to her.
The engrossed bill also permits an expectant mother of an unborn child to be taken
into custody under circumstances in which a law enforcement officer believes on
reasonable grounds that there is a substantial risk that the physical health of the
unborn child, and of the child when born, will be seriously affected or endangered due
to the expectant mother's habitual lack of self-control in the use of alcohol beverages,
controlled substances or controlled substance analogs, exhibited to a severe degree,
unless the expectant mother is taken into custody and that the expectant mother is
refusing or has refused to accept any AODA services offered to her or is not making
or has not made a good faith effort to participate in any AODA services offered to her;
or that the expectant mother has violated the terms of a temporary physical custody
order.
The person taking the expectant mother into custody must make every effort
to release a child expectant mother to her parent, guardian or legal custodian or to
release an adult expectant mother to an adult relative or friend of the adult expectant
mother or under her own supervision, but, if the expectant mother is not released,
that person must deliver the expectant mother to the intake worker. The intake
worker must also make every effort to release the expectant mother, but may decide
to hold the expectant mother in custody if the intake worker determines that there
is probable cause to believe that the expectant mother is within the jurisdiction of
the juvenile court, that, if the expectant mother is not held, there is a substantial risk
that the physical health of the unborn child, and of the child when born, will be
seriously affected or endangered by the expectant mother's habitual lack of
self-control in the use of alcohol beverages, controlled substances or controlled
substance analogs, exhibited to a severe degree and that the expectant mother is
refusing or has refused to accept any AODA services offered to her or is not making
or has not made a good faith effort to participate in any AODA services offered to her.
Under the bill, a child expectant mother of an unborn child may be held in
custody in any of the places that any other child may be held under the children's code
and an adult expectant mother of an unborn child may be held in the home of an adult
relative or friend of the adult expectant mother; a community-based residential
facility; a hospital or a physician's office, if the unborn child or adult expectant
mother is suffering from a serious physical condition that requires prompt diagnosis
or treatment; or a treatment facility, if the adult expectant mother is believed to be
mentally ill, drug dependent or intoxicated and dangerous to herself, others, the
unborn child or the child when born. An expectant mother who is held in custody and
who is not released must have a hearing within 48 hours, excluding Saturdays,
Sundays and holidays, after the decision to held the expectant mother in custody was
made to determine whether she should continue to be held in custody.
Procedures
Under current law, the children's code specifies the procedures governing a
child who is referred to the juvenile court as in need of protection or services. Those
procedures govern the intake inquiry by the intake worker, which may include
administering a multidisciplinary screen for alcohol or other drug abuse or entering
into an informal disposition rather than referring the case to the district attorney for
the filing of a petition; the authority to file, and the form and content of, a petition
alleging the child to be in need of protection or services; the issuing of summonses
and notices of hearings on such a petition; prehearing procedures such as
substitution of a judge, discovery, motions and physical, psychological, mental or
developmental examinations; procedures at hearings on the petition, that is, the plea
hearing, the fact-finding hearing and the dispositional hearing; delays,
continuances and extensions; and the entering into of a consent decree rather than
proceeding to disposition. The engrossed bill applies the procedures under current
law governing a child alleged to be in need of protection or services to the expectant
mother of an unborn child alleged to be in need of protection or services.
Termination of parental rights
Under current law, one of the grounds for involuntary termination of parental
rights (TPR) is continuing need of protection or services (continuing CHIPS) which
may be established by proving that a child has been adjudged to be in need of
protection or services and placed, or continued in a placement, outside of his or her
home; that the agency responsible for the care of the child and the family has made
a diligent effort to provide the services ordered by the juvenile court; and that the
child has been outside the home for a cumulative total period of 6 months or longer,
the parent has failed to demonstrate substantial progress toward meeting the
conditions established for the return of the child to the home and there is a
substantial likelihood that the parent will not meet those conditions within the
12-month period following the TPR fact-finding hearing.
The engrossed bill extends the continuing CHIPS TPR ground to include
unborn children in need of protection or services, except that time spent outside the
home as an unborn child may not be counted toward the 6-month out-of-home
placement requirement.
Duties and authority
Under current law, DHFS is required to promote the enforcement of laws for the
protection of children in need of protection or services. The engrossed bill extends
that duty to unborn children in need of protection or services.
Under current law, county departments have authority to investigate the
conditions surrounding children in need of protection or services and to take every
reasonable action within their powers to secure for them the full benefit of all laws
enacted for their benefit. The engrossed bill extends that authority to include unborn
children in need of protection or services.
Finally, the engrossed bill prohibits any law enforcement agency, district
attorney, corporation counsel, county department, licensed child welfare agency or
other person involved in the investigation or prosecution of an allegation that an
unborn child has been the victim of or is at substantial risk of abuse from requiring
a person, without a juvenile court order, to take a pregnancy test in connection with
that investigation or prosecution.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB463-engrossed,10,62
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).
AB463-engrossed,11,8
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
1children
and unborn children in need of protection or services
and, nonmarital
2children
and the expectant mothers of those unborn children; to prevent dependency,
3mental illness, developmental disability, mental infirmity and other forms of social
4maladjustment by a continuous attack on causes; to provide effective aid and services
5to all persons in need thereof and to assist those persons to achieve or regain
6self-dependence at the earliest possible date; to avoid duplication and waste of effort
7and money on the part of public and private agencies; and to coordinate and integrate
8a social welfare program.
AB463-engrossed,11,1810
46.03
(7) (a) Promote the enforcement of laws for the protection of
11developmentally disabled children, children
and unborn children in need of
12protection or services and nonmarital children; and to this end cooperate with courts
13assigned to exercise jurisdiction under chs. 48 and 938
and
, licensed child welfare
14agencies and
public and private institutions
(public and private) and take the
15initiative in all matters involving the interests of
such those children
where and
16unborn children when adequate provision
therefor
for those interests has not
17already been made, including the establishment and enforcement of standards for
18services provided under
s. ss. 48.345
and 48.347.
AB463-engrossed,12,2
2046.238 (title)
Infants whose mothers and unborn children whose
21expectant mothers abuse controlled substances or controlled substance
22analogs. If the county department under s. 46.215, 46.22 or 46.23 receives a report
23under s. 146.0255 (2), the county department shall offer to provide appropriate
24services and treatment to the child and the child's mother
or to the unborn child, as
25defined in s. 48.02 (19), and the expectant mother of the unborn child or the county
1department shall make arrangements for the provision of appropriate services or
2treatment.
AB463-engrossed,12,174
46.40
(7m) Use by county of community aids funds to pay private attorneys
5for certain proceedings under the children's code. Upon application by a county
6department under s. 46.215, 46.22 or 46.23 to the department for permission to use
7funds allocated to that county department under sub. (2) to employ private counsel
8for the purposes specified in this subsection and a determination by the department
9that use of funds for those purposes does not affect any federal grants or federal
10funding allocated under this section, the department and the county department
11shall execute a contract authorizing the county department to expend, as agreed
12upon in the contract, funds allocated to that county department under sub. (2) to
13permit the county department to employ private counsel to represent the interests
14of the state or county in proceedings under ch. 48 relating to child abuse or neglect
15cases
, unborn child abuse cases, proceedings to terminate parental rights and any
16ch. 48 cases or proceedings involving the Indian child welfare act,
25 USC 1901 to
171963.
AB463-engrossed,12,19
1946.51 (title)
Child abuse and neglect
and unborn child abuse services.
AB463-engrossed,12,2421
46.51
(1) From the amounts distributed under s. 46.40 (1) for services for
22children and families, the department shall distribute funds to eligible counties for
23services related to child abuse and neglect
and to unborn child abuse, including child
24abuse and neglect
and unborn child abuse prevention, investigation and treatment.
AB463-engrossed,13,4
146.51
(3) The department shall distribute the funds under sub. (1) to counties
2that have a serious problem with child abuse and neglect
or with unborn child abuse 3according to eligibility criteria and distribution criteria to be developed by the
4department.
AB463-engrossed,13,96
46.51
(4) A county may use the funds distributed under this section to fund
7additional foster parents and treatment foster parents to care for abused and
8neglected children and to fund additional staff positions to provide services related
9to child abuse and neglect
and to unborn child abuse.
AB463-engrossed,13,1411
46.51
(5) A county may not use the funds distributed under this section to
12reduce its expenditures from other sources for services related to child abuse and
13neglect
or to unborn child abuse below the level in the year before the year for which
14the funds are distributed.
AB463-engrossed,13,2116
46.95
(2) (a) The secretary shall make grants from the appropriations under
17s. 20.435 (1) (cd) and (hh) to organizations for the provision of any of the services
18specified in sub. (1) (d). Grants may be made to organizations which have provided
19those domestic abuse services in the past or to organizations which propose to
20provide those services in the future. No grant may be made to fund services for child
21or unborn child abuse or abuse of elderly persons.
AB463-engrossed,14,223
48.01
(1) (intro.) This chapter may be cited as "The Children's Code". In
24construing this chapter, the best interests of the child
or unborn child shall always
1be of paramount consideration. This chapter shall be liberally construed to
2effectuate the following express legislative purposes:
AB463-engrossed,14,184
48.01
(1) (a) While recognizing that the paramount goal of this chapter is to
5protect children
and unborn children, to preserve the unity of the family, whenever
6appropriate, by strengthening family life through assisting parents
and the
7expectant mothers of unborn children, whenever appropriate, in fulfilling their
8parental responsibilities
as parents or expectant mothers. The courts and agencies
9responsible for child welfare should assist parents
and the expectant mothers of
10unborn children in changing any circumstances in the home which might harm the
11child or
unborn child, which may require the child to be placed outside the home
or
12which may require the expectant mother to be taken into custody. The courts should
13recognize that they have the authority, in appropriate cases, not to reunite a child
14with his or her family. The courts and agencies responsible for child welfare should
15also recognize that instability and impermanence in family relationships are
16contrary to the welfare of children and should therefore recognize the importance of
17eliminating the need for children to wait unreasonable periods of time for their
18parents to correct the conditions that prevent their return to the family.
AB463-engrossed,15,720
48.01
(1) (am) To recognize that unborn children have certain basic needs
21which must be provided for, including the need to develop physically to their
22potential and the need to be free from physical harm due to the habitual lack of
23self-control of their expectant mothers in the use of alcohol beverages, controlled
24substances or controlled substance analogs, exhibited to a severe degree. It is further
25recognized that, when an expectant mother of an unborn child suffers from a
1habitual lack of self-control in the use of alcohol beverages, controlled substances or
2controlled substance analogs, exhibited to a severe degree, in order to ensure that the
3needs of the unborn child, as described in this paragraph, are provided for, the court
4may determine that it is in the best interests of the unborn child for the expectant
5mother to be ordered to receive treatment, including inpatient treatment, for that
6habitual lack of self-control, consistent with any applicable law relating to the rights
7of the expectant mother.
AB463-engrossed,15,159
48.01
(1) (ap) To recognize the compelling need to reduce the harmful financial,
10societal and emotional impacts that arise and the tremendous burdens that are
11placed on families and the community and on the health care, social services,
12educational and criminal justice systems as a result of the habitual lack of
13self-control of expectant mothers in the use of alcohol beverages, controlled
14substances or controlled substance analogs, exhibited to a severe degree, during all
15stages of pregnancy.
AB463-engrossed,16,517
48.01
(1) (bm) To ensure that unborn children are protected against the
18harmful effects resulting from the habitual lack of self-control of their expectant
19mothers in the use of alcohol beverages, controlled substances or controlled
20substance analogs, exhibited to a severe degree. To effectuate this purpose and the
21purpose specified in par. (am), it is the intent of the legislature that the provisions
22of this chapter that protect unborn children against those harmful effects and that
23provide for the needs of unborn children, as described in par. (am), shall be construed
24to apply throughout an expectant mother's pregnancy to the extent that application
25of those provisions throughout an expectant mother's pregnancy is constitutionally
1permissible and that expectant mothers who habitually lack self-control in the use
2of alcohol beverages, controlled substances or controlled substance analogs,
3exhibited to a severe degree, be encouraged to seek treatment for that habitual lack
4of self-control voluntarily when voluntary treatment would be practicable and
5effective.
AB463-engrossed,16,127
48.01
(1) (br) To encourage innovative and effective prevention, intervention
8and treatment approaches, including collaborative community efforts and the use of
9community-based programs, as significant strategies in planning and
10implementing legislative, executive and local government policies and programs
11relating to children and their families and substitute families
and to unborn children
12and their expectant mothers.
AB463-engrossed,16,1614
48.01
(1) (dm) To divert children
and unborn children from formal proceedings
15under this chapter to the extent that this is consistent with protection of children
,
16unborn children and the public safety.
AB463-engrossed,16,2218
48.02
(1) (am) When used in referring to an unborn child, serious physical harm
19inflicted on the unborn child, and the risk of serious physical harm to the child when
20born, caused by the habitual lack of self-control of the expectant mother of the
21unborn child in the use of alcohol beverages, controlled substances or controlled
22substance analogs, exhibited to a severe degree.
AB463-engrossed,17,924
48.02
(17m) "Special treatment or care" means professional services which
25need to be provided to a child or his or her family to protect the well-being of the child,
1prevent placement of the child outside the home or meet the special needs of the
2child.
"Special treatment or care" also means professional services which need to be
3provided to the expectant mother of an unborn child to protect the physical health
4of the unborn child and of the child when born from the harmful effects resulting from
5the habitual lack of self-control of the expectant mother in the use of alcohol,
6controlled substances or controlled substance analogs, exhibited to a severe degree. 7This term includes, but is not limited to, medical, psychological or psychiatric
8treatment, alcohol or other drug abuse treatment or other services which the court
9finds to be necessary and appropriate.
AB463-engrossed,17,1211
48.02
(19) "Unborn child" means a human being from the time of fertilization
12to the time of birth.
AB463-engrossed,17,19
1448.029 Pregnancy testing prohibited. No law enforcement agency, district
15attorney, corporation counsel, county department, licensed child welfare agency or
16other person involved in the investigation or prosecution of an allegation that an
17unborn child has been the victim of or is at substantial risk of abuse may, without
18a court order, require a person to take a pregnancy test in connection with that
19investigation or prosecution.
AB463-engrossed,18,1021
48.06
(1) (a) 1. In counties with a population of 500,000 or more, the county
22board of supervisors shall provide the court with the services necessary for
23investigating and supervising cases by operating a children's court center under the
24supervision of a director who is appointed as provided in s. 46.21 (1m) (a). The
25director is the chief administrative officer of the center and of the intake and
1probation sections and secure detention facilities of the center except as otherwise
2provided in this subsection. The director is charged with administration of the
3personnel and services of the sections and of the secure detention facilities, and is
4responsible for supervising both the operation of the physical plant and the
5maintenance and improvement of the buildings and grounds of the center. The
6center shall include investigative services for all children
and unborn children 7alleged to be in need of protection or services to be provided by the county
8department, and the services of an assistant district attorney or assistant
9corporation counsel or both, who shall be assigned to the center to provide
10investigative as well as legal work in the cases.
AB463-engrossed,19,912
48.06
(1) (a) 3. The county board of supervisors shall develop policies and
13establish necessary rules for the management and administration of the nonjudicial
14operations of the children's court center. The director of the center shall report and
15is responsible to the director of the county department for the execution of all
16nonjudicial operational policies and rules governing the center, including activities
17of probation officers whenever they are not performing services for the court. The
18director of the center is also responsible for the preparation and submission to the
19county board of supervisors of the annual budget for the center except for the judicial
20functions or responsibilities which are delegated by law to the judge or judges and
21clerk of circuit court. The county board of supervisors shall make provision in the
22organization of the office of director for the devolution of the director's authority in
23the case of temporary absence, illness, disability to act or a vacancy in position and
24shall establish the general qualifications for the position. The county board of
25supervisors also has the authority to investigate, arbitrate and resolve any conflict
1in the administration of the center as between judicial and nonjudicial operational
2policy and rules. The county board of supervisors does not have authority and may
3not assert jurisdiction over the disposition of any case
or
, child
, unborn child or
4expectant mother of an unborn child after a written order is made under s. 48.21
or
548.213 or if a petition is filed under s. 48.25. All personnel of the intake and probation
6sections and of the secure detention facilities shall be appointed under civil service
7by the director except that existing court service personnel having permanent civil
8service status may be reassigned to any of the respective sections within the center
9specified in this paragraph.