AB463,38,1313
(e) The right
of the child to counsel under s. 48.23
;.
AB463,38,1414
(f) The right to present and subpoena witnesses
;.
AB463,38,1515
(g) The right to a jury trial
; and.
AB463, s. 79
16Section
79. 48.243 (2) of the statutes is renumbered 48.243 (4) and amended
17to read:
AB463,38,1918
48.243
(4) This section does not apply if the child
or expectant mother was
19present at a hearing under s. 48.21
or 48.213.
AB463, s. 80
20Section
80. 48.243 (3) of the statutes is amended to read:
AB463,39,321
48.243
(3) If the child
or expectant mother has not had a hearing under s. 48.21
22or 48.213 and was not present at an intake conference under s. 48.24, the intake
23worker shall inform the child, parent, guardian and legal custodian
, or expectant
24mother, as appropriate
of, of the basic rights
provided under this section.
This The 25notice shall be given verbally, either in person or by telephone, and in writing. This
1notice shall be given so as to allow the child, parent, guardian
or, legal custodian
or
2expectant mother sufficient time to prepare for the plea hearing. This subsection
3does not apply to cases of informal disposition under s. 48.245.
AB463, s. 81
4Section
81. 48.245 (1) of the statutes is amended to read:
AB463,39,125
48.245
(1) The intake worker may enter into a written agreement with all
6parties which imposes informal disposition under this section if the intake worker
7has determined that neither the interests of the child
or unborn child nor of the public
8require filing of a petition for circumstances relating to ss. 48.13 to 48.14. Informal
9disposition shall be available only if the facts persuade the intake worker that the
10jurisdiction of the court, if sought, would exist and upon consent of the child, parent,
11guardian and legal custodian
or upon consent of the expectant mother and unborn
12child, by its guardian ad litem.
AB463, s. 82
13Section
82. 48.245 (2) (a) 1. of the statutes is amended to read:
AB463,39,1614
48.245
(2) (a) 1. That the child appear with a parent, guardian or legal
15custodian for counseling and advice
or that the expectant mother appear for
16counseling and advice.
AB463, s. 83
17Section
83. 48.245 (2) (a) 2. of the statutes is amended to read:
AB463,39,2218
48.245
(2) (a) 2. That the child and a parent, guardian and legal custodian abide
19by such obligations as will tend to ensure the
child's rehabilitation, protection or care
20of the child or that the expectant mother abide by such obligations as will tend to
21ensure the protection or care of the unborn child and the rehabilitation of the
22expectant mother.
AB463, s. 84
23Section
84. 48.245 (2) (a) 3. of the statutes is amended to read:
AB463,40,724
48.245
(2) (a) 3. That the child
or expectant mother submit to an alcohol and
25other drug abuse assessment that conforms to the criteria specified under s. 48.547
1(4) and that is conducted by an approved treatment facility for an examination of the
2child's use of alcohol beverages, controlled substances or controlled substance
3analogs
by the child or expectant mother and any medical, personal, family or social
4effects caused by its use, if the multidisciplinary screen conducted under s. 48.24 (2)
5shows that the child
or expectant mother is at risk of having needs and problems
6related to the use of alcohol beverages, controlled substances or controlled substance
7analogs and its medical, personal, family or social effects.
AB463, s. 85
8Section
85. 48.245 (2) (a) 4. of the statutes is amended to read:
AB463,40,139
48.245
(2) (a) 4. That the child
or expectant mother participate in an alcohol
10and other drug abuse outpatient treatment program or an education program
11relating to the abuse of alcohol beverages, controlled substances or controlled
12substance analogs, if an alcohol and other drug abuse assessment conducted under
13subd. 3. recommends outpatient treatment or education.
AB463, s. 86
14Section
86. 48.245 (2) (c) of the statutes is amended to read:
AB463,40,2015
48.245
(2) (c) If the informal disposition provides for alcohol and other drug
16abuse outpatient treatment under par. (a) 4., the child and the child's parent,
17guardian or legal custodian
, or the expectant mother, shall execute an informed
18consent form that indicates that they are
, or that she is, voluntarily and knowingly
19entering into an informal disposition agreement for the provision of alcohol and other
20drug abuse outpatient treatment.
AB463, s. 87
21Section
87. 48.245 (2r) of the statutes is amended to read:
AB463,41,822
48.245
(2r) If an informal disposition is based on allegations that a child
or an
23unborn child, is in need of protection or services, the intake worker may, after giving
24written notice to the child and the child's parent, guardian and legal custodian and
25their counsel, if any,
or after giving notice to the unborn child by its guardian ad litem
1and to the expectant mother and her counsel, if any, extend the informal disposition
2for up to an additional 6 months unless the child or the child's parent, guardian or
3legal custodian
, or the expectant mother or the unborn child by its guardian ad litem, 4objects to the extension. If the child or the child's parent, guardian or legal custodian
,
5or the expectant mother or the unborn child by its guardian ad litem, objects to the
6extension, the intake worker may recommend to the district attorney or corporation
7counsel that a petition be filed under s. 48.13
or 48.133. An extension under this
8subsection may be granted only once for any informal disposition.
AB463, s. 88
9Section
88. 48.245 (3) of the statutes is amended to read:
AB463,41,1310
48.245
(3) The obligations imposed under an informal disposition and its
11effective date shall be set forth in writing. The child and a parent, guardian and legal
12custodian
, or the expectant mother and the unborn child by its guardian ad litem, 13shall receive a copy, as shall any agency providing services under the agreement.
AB463, s. 89
14Section
89. 48.245 (4) of the statutes is amended to read:
AB463,41,2215
48.245
(4) The intake worker shall inform the child and the child's parent,
16guardian and legal custodian
, or the expectant mother and the unborn child by its
17guardian ad litem, in writing of their right to terminate the informal disposition at
18any time or object at any time to the fact or terms of the informal disposition. If an
19objection arises the intake worker may alter the terms of the agreement or
20recommend to the district attorney or corporation counsel that a petition be filed. If
21the informal disposition is terminated the intake worker may recommend to the
22district attorney or corporation counsel that a petition be filed.
AB463, s. 90
23Section
90. 48.245 (5) of the statutes is amended to read:
AB463,42,3
148.245
(5) Informal disposition shall be terminated upon the request of the
2child, parent, guardian or legal custodian
or upon the request of the expectant
3mother or the unborn child by its guardian ad litem.
AB463, s. 91
4Section
91. 48.245 (8) of the statutes is amended to read:
AB463,42,105
48.245
(8) If the obligations imposed under the informal disposition are met,
6the intake worker shall so inform the child and a parent, guardian and legal
7custodian
, or the expectant mother and the unborn child by its guardian ad litem, 8in writing, and no petition may be filed on the charges that brought about the
9informal disposition nor may the charges be the sole basis for a petition under ss.
1048.13 to 48.14.
AB463, s. 92
11Section
92. 48.25 (1) of the statutes is amended to read:
AB463,42,2112
48.25
(1) A petition initiating proceedings under this chapter shall be signed
13by a person who has knowledge of the facts alleged or is informed of them and
14believes them to be true. The district attorney, corporation counsel or other
15appropriate official specified under s. 48.09 may file the petition if the proceeding is
16under s. 48.13
or 48.133. The counsel or guardian ad litem for a parent, relative,
17guardian or child may file a petition under s. 48.13 or 48.14.
The counsel or guardian
18ad litem for an expectant mother or the guardian ad litem for an unborn child may
19file a petition under s. 48.133. The district attorney, corporation counsel or other
20appropriate person designated by the court may initiate proceedings under s. 48.14
21in a manner specified by the court.
AB463, s. 93
22Section
93. 48.25 (2) of the statutes is amended to read:
AB463,43,1523
48.25
(2) If the proceeding is brought under s. 48.13
or 48.133, the district
24attorney, corporation counsel or other appropriate official shall file the petition, close
25the case, or refer the case back to intake within 20 days after the date that the intake
1worker's recommendation was filed. A referral back to intake may be made only
2when the district attorney, corporation counsel or other appropriate official decides
3not to file a petition or determines that further investigation is necessary. If the case
4is referred back to intake upon a decision not to file a petition, the intake worker shall
5close the case or enter into an informal disposition within 20 days. If the case is
6referred back to intake for further investigation, the appropriate agency or person
7shall complete the investigation within 20 days. If another referral is made to the
8district attorney, corporation counsel or other appropriate official, it shall be
9considered a new referral to which the time limits of this subsection shall apply. The
10time limits in this subsection may only be extended by a judge upon a showing of good
11cause under s. 48.315. If a petition is not filed within the time limitations set forth
12in this subsection and the court has not granted an extension, the petition shall be
13accompanied by a statement of reasons for the delay. The court shall dismiss with
14prejudice a petition which was not timely filed unless the court finds at the plea
15hearing that good cause has been shown for failure to meet the time limitations.
AB463, s. 94
16Section
94. 48.255 (1) (intro.) of the statutes is amended to read:
AB463,43,1917
48.255
(1) (intro.) A petition initiating proceedings under this chapter
, other
18than a petition under s. 48.133, shall be entitled, "In the interest of (child's name),
19a person under the age of 18'' and shall set forth with specificity:
AB463, s. 95
20Section
95. 48.255 (1m) of the statutes is created to read:
AB463,43,2321
48.255
(1m) A petition initiating proceedings under s. 48.133 shall be entitled
22"In the interest of (J. Doe), an unborn child, and (expectant mother's name), its
23expectant mother" and shall set forth with specificity:
AB463,44,3
1(a) The estimated gestational age of the unborn child and a statement that the
2unborn child is at that stage of fetal development when there is a reasonable
3likelihood of sustained survival outside the womb, with or without artificial support.
AB463,44,44
(b) The name and address of the expectant mother.
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.