AB463,44,95
(c) Whether the expectant mother is in custody and, if so, the place where the
6expectant mother is being held and the time when the expectant mother was taken
7into custody unless there is reasonable cause to believe that disclosure of that
8information would result in imminent danger to the unborn child, expectant mother
9or physical custodian.
AB463,44,1410
(d) Reliable and credible information which forms the basis of the allegations
11necessary to invoke the jurisdiction of the court under s. 48.133 and to provide
12reasonable notice of the conduct or circumstances to be considered by the court,
13together with a statement that the unborn child is in need of protection or care and
14that the expectant mother is in need of supervision, services, care or rehabilitation.
AB463, s. 96
15Section
96. 48.255 (2) of the statutes is amended to read:
AB463,44,1816
48.255
(2) If any of the facts
in
required under sub. (1) (a) to (cm)
or (1m) (a)
17to (c) are not known or cannot be ascertained by the petitioner, the petition shall so
18state.
AB463, s. 97
19Section
97. 48.255 (3) of the statutes is amended to read:
AB463,44,2120
48.255
(3) If the information required under sub. (1) (e)
or (1m) (d) is not stated
21the petition shall be dismissed or amended under s. 48.263 (2).
AB463, s. 98
22Section
98. 48.255 (4) of the statutes is amended to read:
AB463,45,223
48.255
(4) A copy of
the a petition
under sub. (1) shall be given to the child if
24the child is 12 years of age or older and to the parents, guardian, legal custodian and
25physical custodian.
A copy of a petition under sub. (1m) shall be given to the
1expectant mother, to the unborn child through its guardian ad litem and to the
2physical custodian of the expectant mother, if any.
AB463, s. 99
3Section
99. 48.263 (1) of the statutes is amended to read:
AB463,45,74
48.263
(1) Except as provided in s. 48.255 (3), no petition, process or other
5proceeding may be dismissed or reversed for any error or mistake if the case and the
6identity of the child
or expectant mother named in the petition may be readily
7understood by the court; and the court may order an amendment curing the defects.
AB463, s. 100
8Section
100. 48.263 (2) of the statutes is amended to read:
AB463,45,139
48.263
(2) With reasonable notification to the interested parties and prior to
10the taking of a plea under s. 48.30, the petition may be amended at the discretion of
11the court or person who filed the petition. After the taking of a plea,
if the child is
12alleged to be in need of protection or services, the petition may be amended provided
13any objecting party is allowed a continuance for a reasonable time.
AB463, s. 101
14Section
101. 48.27 (1) of the statutes is renumbered 48.27 (1) (a) and amended
15to read:
AB463,45,2016
48.27
(1) (a) After a petition has been filed relating to facts concerning a
17situation specified under
ss. s. 48.13, unless the parties under sub. (3) voluntarily
18appear, the court may issue a summons requiring the person who has legal custody
19of the child to appear personally, and, if the court so orders, to bring the child before
20the court at a time and place stated.
AB463, s. 102
21Section
102. 48.27 (1) (b) of the statutes is created to read:
AB463,45,2522
48.27
(1) (b) After a petition has been filed relating to facts concerning a
23situation specified under s. 48.133, unless the expectant mother voluntarily appears,
24the court may issue a summons requiring the expectant mother to appear personally
25before the court at a time and place stated.
AB463, s. 103
1Section
103. 48.27 (3) (a) 1. of the statutes is amended to read:
AB463,46,152
48.27
(3) (a) 1.
The If the petition that was filed relates to facts concerning a
3situation under s. 48.13, the court shall also notify, under s. 48.273, the child, any
4parent, guardian and legal custodian of the child, any foster parent, treatment foster
5parent or other physical custodian described in s. 48.62 (2) of the child and any person
6specified in par. (b), if applicable, of all hearings involving the child except hearings
7on motions for which notice need only be provided to the child and his or her counsel.
8Where When parents
who are entitled to notice have the same place of residence,
9notice to one shall constitute notice to the other. The first notice to any interested
10party, foster parent, treatment foster parent or other physical custodian described
11in s. 48.62 (2) shall be written and may have a copy of the petition attached to it.
12Thereafter, notice of hearings may be given by telephone at least 72 hours before the
13time of the hearing. The person giving telephone notice shall place in the case file
14a signed statement of the time notice was given and the person to whom he or she
15spoke.
AB463, s. 104
16Section
104. 48.27 (3) (c) of the statutes is created to read:
AB463,47,217
48.27
(3) (c) If the petition that was filed relates to facts concerning a situation
18under s. 48.133, the court shall notify, under s. 48.273, the unborn child by its
19guardian ad litem, the expectant mother and the physical custodian of the expectant
20mother, if any, of all hearings involving the unborn child and expectant mother
21except hearings on motions for which notice need only be provided to the expectant
22mother and her counsel and unborn child through its guardian ad litem. The first
23notice to any interested party shall be written and may have a copy of the petition
24attached to it. Thereafter, notice of hearings may be given by telephone at least 72
25hours before the time of the hearing. The person giving telephone notice shall place
1in the case file a signed statement of the time notice was given and the person to
2whom he or she spoke.
AB463, s. 105
3Section
105. 48.27 (4) (intro.) of the statutes is renumbered 48.27 (4) (a)
4(intro.) and amended to read:
AB463,47,55
48.27
(4) (a) (intro.)
The
A notice
under sub. (3) (a) or (b) shall:
AB463, s. 106
6Section
106. 48.27 (4) (b) of the statutes is created to read:
AB463,47,77
48.27
(4) (b) A notice under sub. (3) (c) shall:
AB463,47,98
(a) Contain the name of the expectant mother, and the nature, location, date
9and time of the hearing.
AB463,47,1110
(b) Advise the expectant mother of her right to legal counsel regardless of
11ability to pay.
AB463, s. 107
12Section
107. 48.275 (1) of the statutes is amended to read:
AB463,47,1813
48.275
(1) If the court finds a child to be in need of protection or services under
14s. 48.13
or an unborn child to be in need of protection or services under s. 48.133, the
15court shall order the
parents parent of the child
or the expectant mother of the
16unborn child to contribute toward the expense of post-adjudication services to the
17child
or expectant mother the proportion of the total amount which the court finds
18the
parents are parent or expectant mother is able to pay.
AB463, s. 108
19Section
108. 48.275 (2) (a) of the statutes is amended to read:
AB463,48,420
48.275
(2) (a) If this state or a county provides legal counsel to a child
who is 21subject to a proceeding under s. 48.13
or to an expectant mother who is subject to a
22proceeding under s. 48.133, the court shall order the child's parent
or the expectant
23mother to reimburse the state or county in accordance with par. (b) or (c). The court
24may not order reimbursement if a parent is the complaining or petitioning party or
25if the court finds that the interests of the parent and the interests of the child in the
1proceeding are substantially and directly adverse and that reimbursement would be
2unfair to the parent. The court may not order reimbursement until the completion
3of the proceeding or until the state or county is no longer providing the child
or
4expectant mother with legal counsel in the proceeding.
AB463, s. 109
5Section
109. 48.275 (2) (b) of the statutes is amended to read:
AB463,48,156
48.275
(2) (b) If this state provides the child
or expectant mother with legal
7counsel and the court orders reimbursement under par. (a), the child's parent
or the
8expectant mother may request the state public defender to determine whether the
9parent
or expectant mother is indigent as provided under s. 977.07 and to determine
10the amount of reimbursement. If the parent
or expectant mother is found not to be
11indigent, the amount of reimbursement shall be the maximum amount established
12by the public defender board. If the parent
or expectant mother is found to be
13indigent in part, the amount of reimbursement shall be the amount of partial
14payment determined in accordance with the rules of the public defender board under
15s. 977.02 (3).
AB463, s. 110
16Section
110. 48.275 (2) (c) of the statutes is amended to read:
AB463,48,2217
48.275
(2) (c) If the county provides the child
or expectant mother with legal
18counsel and the court orders reimbursement under par. (a), the court shall either
19make a determination of indigency or shall appoint the county department to make
20the determination. If the court or the county department finds that the parent
or
21expectant mother is not indigent or is indigent in part, the court shall establish the
22amount of reimbursement and shall order the parent
or expectant mother to pay it.
AB463, s. 111
23Section
111. 48.275 (2) (cg) (intro.) of the statutes is amended to read:
AB463,48,2524
48.275
(2) (cg) (intro.) The court shall, upon motion by a parent
or expectant
25mother, hold a hearing to review any of the following:
AB463, s. 112
1Section
112. 48.29 (1) of the statutes is amended to read:
AB463,49,112
48.29
(1) The child,
or the child's parent, guardian or legal custodian
, the
3expectant mother or the unborn child by its guardian ad litem, either before or during
4the plea hearing, may file a written request with the clerk of the court or other person
5acting as the clerk for a substitution of the judge assigned to the proceeding. Upon
6filing the written request, the filing party shall immediately mail or deliver a copy
7of the request to the judge named
therein. Whenever
in the request. When any
8person has the right to request a substitution of judge, that person's counsel or
9guardian ad litem may file the request. Not more than one such written request may
10be filed in any one proceeding, nor may any single request name more than one judge.
11This section
shall does not apply to proceedings under s. 48.21.
AB463, s. 113
12Section
113. 48.293 (2) of the statutes is amended to read:
AB463,49,2213
48.293
(2) All records relating to a child
, or to an unborn child and its expectant
14mother, which are relevant to the subject matter of a proceeding under this chapter
15shall be open to inspection by a guardian ad litem or counsel for any party, upon
16demand and upon presentation of releases
where when necessary, at least 48 hours
17before the proceeding. Persons
and unborn children, by their guardians ad litem, 18entitled to inspect the records may obtain copies of the records with the permission
19of the custodian of the records or with permission of the court. The court may instruct
20counsel not to disclose specified items in the materials to the child or the parent
, or
21to the expectant mother, if the court reasonably believes that the disclosure would
22be harmful to the interests of the child
or the unborn child.
AB463, s. 114
23Section
114. 48.293 (3) of the statutes is amended to read:
AB463,50,824
48.293
(3) Upon request prior to the fact-finding hearing, counsel for the
25interests of the public shall disclose to the child,
child's through his or her counsel
1or guardian ad litem
, or to the unborn child, through its guardian ad litem, the
2existence of any videotaped oral statement of a child under s. 908.08 which is within
3the possession, custody or control of the state and shall make reasonable
4arrangements for the requesting person to view the videotaped oral statement. If,
5subsequent to compliance with this subsection, the state obtains possession, custody
6or control of such a videotaped statement, counsel for the interests of the public shall
7promptly notify the requesting person of that fact and make reasonable
8arrangements for the requesting person to view the videotaped oral statement.
AB463, s. 115
9Section
115. 48.295 (1) of the statutes is amended to read:
AB463,51,410
48.295
(1) After the filing of a petition and upon a finding by the court that
11reasonable cause exists to warrant an examination or an alcohol and other drug
12abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court
13may order any child coming within its jurisdiction to be examined as an outpatient
14by personnel in an approved treatment facility for alcohol and other drug abuse, by
15a physician, psychiatrist or licensed psychologist, or by another expert appointed by
16the court holding at least a master's degree in social work or another related field of
17child development, in order that the child's physical, psychological, alcohol or other
18drug dependency, mental or developmental condition may be considered. The court
19may also order an examination or an alcohol and other drug abuse assessment that
20conforms to the criteria specified under s. 48.547 (4) of a parent, guardian or legal
21custodian whose ability to care for a child is at issue before the court
or of an
22expectant mother whose ability to control her use of alcohol beverages, controlled
23substances or controlled substance analogs is at issue before the court. The court
24shall hear any objections by the child, the child's parents, guardian or legal custodian
25or the expectant mother to the request for such an examination or assessment before
1ordering the examination or assessment. The expenses of an examination, if
2approved by the court, shall be paid by the county of the court ordering the
3examination. The payment for an alcohol and other drug abuse assessment shall be
4in accordance with s. 48.361.
AB463, s. 116
5Section
116. 48.295 (1c) of the statutes is amended to read:
AB463,51,96
48.295
(1c) Reasonable cause is considered to exist to warrant an alcohol and
7other drug abuse assessment under sub. (1) if the multidisciplinary screen procedure
8conducted under s. 48.24 (2) indicates that the child
or expectant mother is at risk
9of having needs and problems related to alcohol or other drug abuse.
AB463, s. 117
10Section
117. 48.295 (1g) of the statutes is amended to read:
AB463,51,2211
48.295
(1g) If the court orders an alcohol or other drug abuse assessment under
12sub. (1), the approved treatment facility shall, within 14 days after the court order,
13report the results of the assessment to the court, except that, upon request by the
14approved treatment facility and if the child
or expectant mother is not held in secure
15or nonsecure custody, the court may extend the period for assessment for not more
16than 20 additional working days. The report shall include a recommendation as to
17whether the child
or expectant mother is in need of treatment for abuse of alcohol
18beverages, controlled substances or controlled substance analogs or education
19relating to the use of alcohol beverages, controlled substances and controlled
20substance analogs and, if so, shall recommend a service plan and an appropriate
21treatment, from an approved treatment facility, or a court-approved education
22program.
AB463, s. 118
23Section
118. 48.295 (2) of the statutes is amended to read:
AB463,52,724
48.295
(2) The examiner shall file a report of the examination with the court
25by the date specified in the order. The court shall cause copies to be transmitted to
1the district attorney or corporation counsel and to
the child's counsel
or guardian ad
2litem for the child or to counsel or guardian ad litem for the unborn child and its
3expectant mother. The report shall describe the nature of the examination and
4identify the persons interviewed, the particular records reviewed and any tests
5administered to the child
or expectant mother. The report shall also state in
6reasonable detail the facts and reasoning upon which the examiner's opinions are
7based.
AB463, s. 119
8Section
119. 48.295 (3) of the statutes is amended to read:
AB463,52,129
48.295
(3) If the child
or a, the child's parent
or the expectant mother objects
10to a particular physician, psychiatrist, licensed psychologist or other expert as
11required under this section, the court shall appoint a different physician,
12psychiatrist, psychologist or other expert as required under this section.
AB463, s. 120
13Section
120. 48.297 (4) of the statutes is amended to read:
AB463,52,1914
48.297
(4) Although the taking of a child
or an expectant mother of an unborn
15child into custody is not an arrest,
it that taking into custody shall be considered an
16arrest for the purpose of deciding motions which require a decision about the
17propriety of taking into custody, including
but not limited to motions to suppress
18evidence as illegally seized, motions to suppress statements as illegally obtained and
19motions challenging the lawfulness of the taking into custody.
AB463, s. 121
20Section
121. 48.297 (5) of the statutes is amended to read:
AB463,52,2521
48.297
(5) If the child
or the expectant mother of an unborn child is in custody
22and the court grants a motion to dismiss based
upon
on a defect in the petition or in
23the institution of the proceedings, the court may order the child
or expectant mother
24to be continued in custody for not more than 48 hours pending the filing of a new
25petition.
AB463, s. 122
1Section
122. 48.297 (6) of the statutes is amended to read:
AB463,53,42
48.297
(6) A motion required to be served on a child may be served
upon on his
3or her attorney of record.
A motion required to be served on an unborn child may be
4served on its guardian ad litem.
AB463, s. 123
5Section
123. 48.299 (1) (a) of the statutes is amended to read:
AB463,53,126
48.299
(1) (a) The general public shall be excluded from hearings under this
7chapter and from hearings by courts exercising jurisdiction under s. 48.16 unless a
8public fact-finding hearing is demanded by a child through his or her counsel
, by an
9expectant mother through her counsel or by an unborn child through its guardian
10ad litem. However, the court shall refuse to grant the public hearing in a proceeding
11other than a proceeding under s. 48.375 (7), if a parent
or
, guardian
, expectant
12mother or unborn child through its guardian ad litem objects.
AB463, s. 124
13Section
124. 48.299 (1) (ag) of the statutes is amended to read:
AB463,53,2514
48.299
(1) (ag) In a proceeding other than a proceeding under s. 48.375 (7), if
15a public hearing is not held, only the parties and their counsel
or guardian ad litem,
16if any, the child's foster parent, treatment foster parent or other physical custodian
17described in s. 48.62 (2), witnesses and other persons requested by a party and
18approved by the court may be present, except that the court may exclude a foster
19parent, treatment foster parent or other physical custodian described in s. 48.62 (2)
20from any portion of the hearing if that portion of the hearing deals with sensitive
21personal information of the child or the child's family or if the court determines that
22excluding the foster parent, treatment foster parent or other physical custodian
23would be in the best interests of the child. Except in a proceeding under s. 48.375
24(7), any other person the court finds to have a proper interest in the case or in the
25work of the court, including a member of the bar, may be admitted by the court.
AB463, s. 125
1Section
125. 48.299 (1) (b) of the statutes is amended to read:
AB463,54,62
48.299
(1) (b) Except as provided in ss. 48.375 (7) (e) and 48.396, any person
3who divulges any information which would identify the child
, the expectant mother 4or the family involved in any proceeding under this chapter shall be subject to ch.
5785.
This paragraph does not preclude a victim of the child's act from commencing
6a civil action based upon the child's act.
AB463, s. 126
7Section
126. 48.299 (4) (b) of the statutes is amended to read:
AB463,54,218
48.299
(4) (b) Except as provided in s. 901.05, neither common law nor
9statutory rules of evidence are binding at a hearing for a child held in custody under
10s. 48.21,
a hearing for an expectant mother held in custody under s. 48.213, a
11runaway home hearing under s. 48.227 (4), a dispositional hearing, or a hearing
12about changes in placement, revision of dispositional orders, extension of
13dispositional orders or termination of guardianship orders entered under s. 48.977
14(4) (h) 2. or (6). At those hearings, the court shall admit all testimony having
15reasonable probative value, but shall exclude immaterial, irrelevant or unduly
16repetitious testimony or evidence that is inadmissible under s. 901.05. Hearsay
17evidence may be admitted if it has demonstrable circumstantial guarantees of
18trustworthiness. The court shall give effect to the rules of privilege recognized by
19law. The court shall apply the basic principles of relevancy, materiality and probative
20value to proof of all questions of fact. Objections to evidentiary offers and offers of
21proof of evidence not admitted may be made and shall be noted in the record.
AB463, s. 127
22Section
127. 48.299 (5) of the statutes is amended to read:
AB463,55,323
48.299
(5) On request of any party, unless good cause to the contrary is shown,
24any hearing under s. 48.209 (1) (e)
or, 48.21 (1)
or 48.213 (1) may be held on the record
25by telephone or live audio-visual means or testimony may be received by telephone
1or live audio-visual means as prescribed in s. 807.13 (2). The request and the
2showing of good cause for not conducting the hearing or admitting testimony by
3telephone or live audio-visual means may be made by telephone.
AB463, s. 128
4Section
128. 48.30 (1) of the statutes is amended to read:
AB463,55,105
48.30
(1) Except as provided in this subsection, the hearing to determine
6whether any party wishes to contest an allegation that the child
or unborn child is
7in need of protection or services shall take place on a date which allows reasonable
8time for the parties to prepare but is within 30 days after the filing of a petition for
9a child
or an expectant mother who is not being held in secure custody or within 10
10days after the filing of a petition for a child who is being held in secure custody.
AB463, s. 129
11Section
129. 48.30 (2) of the statutes is amended to read:
AB463,55,1912
48.30
(2) At the commencement of the hearing under this section the child and
13the parent, guardian or legal custodian
, or the expectant mother and the unborn
14child through its guardian ad litem, shall be advised of their rights as specified in s.
1548.243 and shall be informed that a request for a jury trial or for a substitution of
16judge under s. 48.29 must be made before the end of the plea hearing or be waived.
17Nonpetitioning parties, including the child, shall be granted a continuance of the
18plea hearing if they wish to consult with an attorney on the request for a jury trial
19or substitution of a judge.
AB463, s. 130
20Section
130. 48.30 (3) of the statutes is amended to read:
AB463,56,221
48.30
(3) If a petition alleges that a child is in need of protection or services
22under s. 48.13, the nonpetitioning parties and the child, if he or she is 12 years of age
23or older or is otherwise competent to do so, shall state whether they desire to contest
24the petition.
If a petition alleges that an unborn child is in need of protection or
1services under s. 48.133, the expectant mother of the unborn child shall state
2whether she desires to contest the petition.
AB463,56,205
48.30
(6) If a petition is not contested, the court shall set a date for the
6dispositional hearing which allows reasonable time for the parties to prepare but is
7no more than 10 days
from after the plea hearing for
the a child who is held in secure
8custody and no more than 30 days
from after the plea hearing for a child
or an
9expectant mother who is not held in secure custody. If it appears to the court that
10disposition of the case may include placement of the child outside the child's home,
11the court shall order the child's parent to provide a statement of income, assets, debts
12and living expenses to the court or the designated agency under s. 48.33 (1) at least
135 days before the scheduled date of the dispositional hearing or as otherwise ordered
14by the court. The clerk of court shall provide, without charge, to any parent ordered
15to provide a statement of income, assets, debts and living expenses a document
16setting forth the percentage standard established by the department of workforce
17development under s. 49.22 (9) and the manner of its application established by the
18department of health and family services under s. 46.247 and listing the factors that
19a court may consider under s. 46.10 (14) (c). If all parties consent the court may
20proceed immediately with the dispositional hearing.
AB463, s. 132
21Section
132. 48.30 (7) of the statutes is amended to read:
AB463,57,222
48.30
(7) If the petition is contested, the court shall set a date for the
23fact-finding hearing which allows reasonable time for the parties to prepare but is
24no more than 20 days
from after the plea hearing for a child who is held in secure
1custody and no more than 30 days
from after the plea hearing for a child
or an
2expectant mother who is not held in secure custody.
AB463, s. 133
3Section
133. 48.30 (8) (a) of the statutes is amended to read:
AB463,57,74
48.30
(8) (a) Address the parties present including the child
or expectant
5mother personally and determine that the plea or admission is made voluntarily
6with understanding of the nature of the acts alleged in the petition and the potential
7dispositions.
AB463, s. 134
8Section
134. 48.30 (8) (c) of the statutes is amended to read:
AB463,57,119
48.30
(8) (c) Make such inquiries as satisfactorily establishes that there is a
10factual basis for the
parent's and child's plea or admission
of the parent and child or
11of the expectant mother.
AB463, s. 135
12Section
135. 48.30 (9) of the statutes is amended to read:
AB463,57,1613
48.30
(9) If a court commissioner conducts the plea hearing and accepts an
14admission of the alleged facts in a petition brought under s. 48.13
or 48.133, the judge
15shall review the admission at the beginning of the dispositional hearing by
16addressing the parties and making the inquiries set forth in sub. (8).
AB463, s. 136
17Section
136. 48.305 of the statutes is amended to read:
AB463,58,3
1848.305 (title)
Hearing upon the involuntary removal of a child or
19expectant mother. Notwithstanding other time periods for hearings under this
20chapter, if a child is removed from the physical custody of the child's parent or
21guardian under s. 48.19 (1) (c) or (d) 5. without the consent of the parent or guardian
22or if an expectant mother is taken into custody under s. 48.193 (1) (c) or (d) 2. without
23the consent of the expectant mother, the court shall schedule a plea hearing and
24fact-finding hearing within 30 days
of after a request from the parent or guardian
25from whom custody was removed
or from the expectant mother who was taken into
1custody. The plea hearing and fact-finding hearing may be combined. This time
2period may be extended only with the consent of the requesting parent
or, guardian
3or expectant mother.
AB463, s. 137
4Section
137. 48.31 (1) of the statutes is amended to read:
AB463,58,75
48.31
(1) In this section, "fact-finding hearing" means a hearing to determine
6if the allegations in a petition under s. 48.13
or 48.133 or a petition to terminate
7parental rights are proved by clear and convincing evidence.
AB463, s. 138
8Section
138. 48.31 (2) of the statutes is amended to read: