LRB-0175/3
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1999 - 2000 LEGISLATURE
March 31, 1999 - Introduced by Senators Wirch, Plache, Huelsman, Burke,
Darling, Clausing, Rosenzweig, Erpenbach and Roessler, cosponsored by
Representatives Steinbrink, Kreuser, Porter, Ladwig, Kelso, Turner,
Coggs, Brandemuehl, Sykora, Reynolds, Meyer, La Fave, Johnsrud and
Ryba. Referred to Committee on Judiciary and Consumer Affairs.
SB106,1,11
1An Act to amend 46.48 (28), 48.23 (3m), 48.23 (6), 48.235 (2), 48.27 (3) (a) 1.,
248.27 (3) (c), 48.293 (1), 48.293 (2), 48.295 (2), 48.299 (1) (ag), 48.32 (1), 48.32
3(2) (c), 48.355 (2) (d), 48.355 (2e) (c), 48.357 (1), 48.357 (2m), 48.363 (1), 48.365
4(2), 48.38 (5) (b), 48.38 (5) (d), 48.38 (5) (e), 48.981 (2), 48.981 (7) (a) 11r., 118.125
5(2) (L), 938.23 (6), 938.235 (2), 938.27 (3) (a) 1., 938.293 (1), 938.293 (2), 938.295
6(2) (b), 938.299 (1) (a), 938.32 (1) (a), 938.32 (2) (c), 938.355 (2) (d), 938.355 (2e)
7(c), 938.355 (6) (b), 938.355 (6m) (b), 938.357 (1), 938.357 (2m), 938.363 (1),
8938.365 (2), 938.38 (5) (b), 938.38 (5) (d) and 938.38 (5) (e); and
to create 48.07
9(5), 48.236, 48.27 (3) (e), 48.32 (1b), 48.345 (2r), 938.07 (5), 938.236, 938.27 (3)
10(c), 938.32 (1b) and 938.345 (3) of the statutes;
relating to: court-appointed
11special advocates for children and juveniles in need of protection or services.
Analysis by the Legislative Reference Bureau
Under current law, child abuse and neglect reports and records are confidential
and may be disclosed only under certain exceptions. One of those exceptions permits
those reports and records to be disclosed to a volunteer appointed or person employed
by a court-appointed special advocate (CASA) program recognized by the county
board of supervisors (county board) or the county department of human services or
social services (county department) or, in a county having a population of 500,000 or
more, the department of health and family services (DHFS) or a licensed child
welfare agency under contract with DHFS, to the extent necessary to perform the
advocacy services in child in need of protection or services proceedings for which the
CASA program is recognized.
This bill eliminates the authority of DHFS, a county board, a county
department or a licensed child welfare agency to recognize a CASA program and
instead permits the chief judge of a judicial administrative district to recognize a
CASA program. A chief judge may recognize a CASA program by entering into a
memorandum of understanding with the CASA program that specifies the
responsibilities of the CASA program and of a CASA volunteer. To be a CASA
volunteer, a person must be 21 years of age or older, must demonstrate an interest
in the welfare of children, must undergo a satisfactory background investigation,
must complete the training program required under the bill and must meet any other
qualifications required by the CASA program. Before a person may be designated
as a CASA in a proceeding of the court assigned to exercise jurisdiction under the
children's code and the juvenile justice code (juvenile court), the person must
complete a training program that includes instruction on recognizing child abuse
and neglect, cultural competency, child development, juvenile court procedures,
permanency planning for children, the responsibilities of a CASA and information
gathering and documentation. A CASA volunteer must also complete continuing
training annually.
The bill permits the juvenile court to request a CASA program to designate a
CASA volunteer to perform certain activities in any proceeding in which it is alleged
that a child or juvenile is in need of protection or services and in which the juvenile
court finds that providing the services of a CASA would be in the best interests of the
child or juvenile. Those proceedings include proceedings in which it is alleged that
a child has been the victim of abuse or neglect or that a juvenile is uncontrollable,
habitually truant from home or school or a dropout. The bill permits a juvenile court
to request a CASA program to designate a CASA volunteer to perform the following
activities:
1. Gather information and make observations about the child or juvenile, his
or her family and any other person residing in the same home as the child or juvenile
and provide that information and those observations to the juvenile court in the form
of written reports or, if requested by the juvenile court, oral testimony.
2. Maintain regular contact with the child or juvenile; monitor the
appropriateness and safety of the environment of the child or juvenile, the extent to
which the child or juvenile and his or her family are complying with any consent
decree or dispositional order of the juvenile court or any permanency plan for the
child or juvenile and the extent to which any agency that is required to provide
services for the child or juvenile and his or her family is providing those services; and,
based on that regular contact and monitoring, provide information to the juvenile
court in the form of written reports or, if requested by the juvenile court, oral
testimony.
3. Advocate for the best interests of the child or juvenile.
4. Undertake any other activities that are consistent with the memorandum
of understanding between the chief judge and the CASA program.
A juvenile court that requests a CASA program to designate a CASA volunteer
to undertake the activities described in paragraph 1. or 2., above, must include in the
order requesting that designation an order authorizing the CASA to do any of the
following:
1. Inspect any reports and records relating to the child or juvenile, his or her
family and any other person residing in the same home as the child or juvenile that
are relevant to the subject matter of the proceeding. Those reports and records
include physical, psychological and alcohol or other drug dependency examination
reports, law enforcement agency reports and records, juvenile court records, social
welfare agency records, abuse and neglect reports and records and pupil records. A
CASA that obtains access to such a report or record must keep the information
contained in the report or record confidential and may disclose that information only
to the juvenile court and, if disclosed to the juvenile court, to all parties to the
proceeding.
2. Observe the child or juvenile and his or her living environment and, if the
child or juvenile is old enough to communicate, interview the child or juvenile;
interview the parent, guardian, legal custodian or other caregiver of the child or
juvenile and observe that person's living environment; and interview any other
person who might possess any information relating to the child or juvenile and his
or her family that is relevant to the proceeding. A CASA may observe or interview
the child or juvenile at any location without the permission of the parent, guardian,
legal custodian or other caregiver of the child or juvenile if necessary to obtain any
information that is relevant to the subject of the proceeding, except that a CASA may
enter the home of a child or juvenile only with the permission of the parent, guardian,
legal custodian or other caregiver of the child or juvenile or after obtaining a court
order permitting the court-appointed special advocate to do so. A CASA that obtains
any information from those observations or interviews must keep the information
confidential and may disclose that information only to the juvenile court and, if
disclosed to the juvenile court, to all parties to the proceeding.
Finally, the bill does all of the following:
1. Makes a CASA a mandatory reporter of suspected or threatened child abuse
or neglect.
2. Makes a CASA volunteer and an employe of a CASA program immune from
civil liability for any act or omission of the volunteer or employe occurring while
acting within the scope of his or her activities and authority as a CASA volunteer or
employe.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB106, s. 1
1Section
1. 46.48 (28) of the statutes is amended to read:
SB106,4,102
46.48
(28) Grants for court-appointed special advocates. The department
3shall distribute $50,000 in each fiscal year as grants to court-appointed special
4advocate programs that are recognized by a
county board, by a county department
5under s. 46.22 or 46.23 or, in a county having a population of 500,000 or more, by the
6department or a licensed child welfare agency under contract with the department 7chief judge of a judicial administrative district under s. 48.07 (5) to perform advocacy
8services in proceedings under s. 48.13
or by a chief judge of a judicial administrative
9district under s. 938.07 (5) to perform advocacy services in proceedings under s.
10938.13 (4), (6), (6m) or (7).
SB106, s. 2
11Section
2. 48.07 (5) of the statutes is created to read:
SB106,4,2212
48.07
(5) Court-appointed special advocate program. (a)
Memorandum of
13understanding. The court may obtain the services of a court-appointed special
14advocate program that has been recognized by the chief judge of the judicial
15administrative district. A chief judge of a judicial administrative district may
16recognize a court-appointed special advocate program by entering into a
17memorandum of understanding with the court-appointed special advocate program
18that specifies the responsibilities of the court-appointed special advocate program
19and of a court-appointed special advocate designated under s. 48.236 (1). The
20memorandum of understanding shall specify that the court-appointed special
21advocate program is responsible for selecting, training, supervising and evaluating
22the volunteers participating in the program as provided in pars. (b) to (d).
SB106,5,623
(b) S
election. 1. A court-appointed special advocate program may select a
24person to participate in the program if the person is 21 years of age or older,
25demonstrates an interest in the welfare of children, undergoes a satisfactory
1background investigation as provided under subd. 2., completes the training
2required under par. (c) and meets any other qualifications required by the
3court-appointed special advocate program. A court-appointed special advocate
4program may refuse to permit to participate in the program any person whose
5participation in the program might pose a risk, as determined by the
6court-appointed special advocate program, to the safety of any child.
SB106,5,197
2. On receipt of an application from a prospective court-appointed special
8advocate, the court-appointed special advocate program, with the assistance of the
9department of justice, shall conduct a background investigation of the applicant. If
10the court-appointed special advocate program determines that any information
11obtained as a result of the background investigation provides a reasonable basis for
12further investigation, the court-appointed special advocate program may require
13the applicant to be fingerprinted on 2 fingerprint cards, each bearing a complete set
14of the applicant's fingerprints. The department of justice may provide for the
15submission of the fingerprint cards to the federal bureau of investigation for the
16purposes of verifying the identification of the applicant and obtaining the applicant's
17criminal arrest and conviction record. The court-appointed special advocate
18program shall keep confidential all information received from the department of
19justice and the federal bureau of investigation under this subdivision.
SB106,6,420
(c)
Training. A court-appointed special advocate program shall require a
21volunteer selected under par. (b) to complete a training program before the volunteer
22may be designated as a court-appointed special advocate under s. 48.236 (1). The
23training program shall include instruction on recognizing child abuse and neglect,
24cultural competency, as defined in s. 48.982 (1) (bm), child development, the
25procedures of the court, permanency planning, the activities of a court-appointed
1special advocate under s. 48.236 (3) and information gathering and documentation,
2and shall include observation of a proceeding under s. 48.13. A court-appointed
3special advocate program shall also require each volunteer to complete continuing
4training annually.
SB106,6,115
(d)
Supervision and evaluation. The supervisory support staff of a
6court-appointed special advocate program shall be easily accessible to the
7volunteers of the program, shall hold regular case conferences with those volunteers
8to review case progress and shall conduct annual performance evaluations of those
9volunteers. A court-appointed special advocate program shall provide its staff and
10volunteers with written guidelines describing the policies, practices and procedures
11of the program and the responsibilities of a volunteer with the program.
SB106, s. 3
12Section
3. 48.23 (3m) of the statutes is amended to read:
SB106,6,2013
48.23
(3m) Guardians ad litem or counsel for abused or neglected children. 14The court shall appoint counsel for any child alleged to be in need of protection or
15services under s. 48.13 (3), (3m), (10), (10m) and (11), except that if the child is less
16than 12 years of age the court may appoint a guardian ad litem instead of counsel.
17The guardian ad litem or counsel for the child
shall
may not
be the same act as
18counsel for any
other party or any governmental or social agency involved
in the
19proceeding and may not act as court-appointed special advocate for the child in the
20proceeding.
SB106, s. 4
21Section
4. 48.23 (6) of the statutes is amended to read:
SB106,6,2522
48.23
(6) Definition. For the purposes of this section, "counsel" means an
23attorney acting as adversary counsel who shall advance and protect the legal rights
24of the party represented, and who may not act as guardian ad litem
or
25court-appointed special advocate for any party in the same proceeding.
SB106, s. 5
1Section
5. 48.235 (2) of the statutes is amended to read:
SB106,7,72
48.235
(2) Qualifications. The guardian ad litem shall be an attorney
3admitted to practice in this state. No person who is an interested party in a
4proceeding,
who appears as counsel
or court-appointed special advocate in a
5proceeding on behalf of any party or
who is a relative or representative of an
6interested party
in a proceeding may be appointed guardian ad litem in that
7proceeding.
SB106, s. 6
8Section
6. 48.236 of the statutes is created to read:
SB106,7,18
948.236 Court-appointed special advocate. (1) Designation. In any
10proceeding under s. 48.13 in which the court finds that providing the services of a
11court-appointed special advocate would be in the best interests of the child, the court
12may request a court-appointed special advocate program to designate a person who
13meets the qualifications specified in sub. (2) as a court-appointed special advocate
14to undertake the activities specified in sub. (3). A court-appointed special advocate
15does not become a party to the proceeding and, as a nonparty, may not make motions
16or call or cross-examine witnesses. A designation under this subsection terminates
17when the jurisdiction of the court over the child under s. 48.13 terminates, unless the
18court discharges the court-appointed special advocate sooner.
SB106,7,24
19(2) Qualifications. A court-appointed special advocate shall be a volunteer
20who has been selected and trained as provided in s. 48.07 (5) (b) and (c). No person
21who is a party in a proceeding, who appears as counsel or guardian ad litem in a
22proceeding on behalf of any party or who is a relative or representative of a party in
23a proceeding may be designated as a court-appointed special advocate in that
24proceeding.
SB106,8,2
1(3) Activities. A court-appointed special advocate may be designated under
2sub. (1) to perform any of the following activities:
SB106,8,63
(a) Gather information and make observations about the child for whom the
4designation is made, the child's family and any other person residing in the same
5home as the child and provide that information and those observations to the court
6in the form of written reports or, if requested by the court, oral testimony.
SB106,8,157
(b) Maintain regular contact with the child for whom the designation is made;
8monitor the appropriateness and safety of the environment of the child, the extent
9to which the child and the child's family are complying with any consent decree or
10dispositional order of the court and with any permanency plan under s. 48.38, and
11the extent to which any agency that is required to provide services for the child and
12the child's family under a consent decree, dispositional order or permanency plan is
13providing those services; and, based on that regular contact and monitoring, provide
14information to the court in the form of written reports or, if requested by the court,
15oral testimony.
SB106,8,1616
(c) Advocate for the best interests of the child.
SB106,8,1817
(d) Undertake any other activities that are consistent with the memorandum
18of understanding entered into under s. 48.07 (5) (a).
SB106,8,22
19(4) Authority. A court that requests a court-appointed special advocate
20program to designate a court-appointed special advocate to undertake the activities
21specified in sub. (3) shall include in the order requesting that designation an order
22authorizing the court-appointed special advocate to do any of the following:
SB106,9,1323
(a) Inspect any reports and records relating to the child who is the subject of
24the proceeding, the child's family and any other person residing in the same home
25as the child that are relevant to the subject matter of the proceeding, including
1records discoverable under s. 48.293, examination reports under s. 48.295 (2), law
2enforcement reports and records under ss. 48.396 (1) and 938.396 (1), court records
3under ss. 48.396 (2) (a) and 938.396 (2) (a), social welfare agency records under ss.
448.78 (2) (a) and 938.78 (2) (a), abuse and neglect reports and records under s. 48.981
5(7) (a) 11r. and pupil records under s. 118.125 (2) (L). The order shall also require the
6custodian of any report or record specified in this paragraph to permit the
7court-appointed special advocate to inspect the report or record on presentation by
8the court-appointed special advocate of a copy of the order. A court-appointed
9special advocate that obtains access to a report or record described in this paragraph
10shall keep the information contained in the report or record confidential and may
11disclose that information only to the court. If a court-appointed special advocate
12discloses any information to the court under this paragraph, the court-appointed
13special advocate shall also disclose that information to all parties to the proceeding.
SB106,9,2514
(b) Observe the child who is the subject of the proceeding and the child's living
15environment and, if the child is old enough to communicate, interview the child;
16interview the parent, guardian, legal custodian or other caregiver of the child who
17is the subject of the proceeding and observe that person's living environment; and
18interview any other person who might possess any information relating to the child
19and the child's family that is relevant to the subject of the proceeding. A
20court-appointed special advocate may observe or interview the child at any location
21without the permission of the child's parent, guardian, legal custodian or other
22caregiver if necessary to obtain any information that is relevant to the subject of the
23proceeding, except that a court-appointed special advocate may enter a child's home
24only with the permission of the child's parent, guardian, legal custodian or other
25caregiver or after obtaining a court order permitting the court-appointed special
1advocate to do so. A court-appointed special advocate who obtains any information
2under this paragraph shall keep the information confidential and may disclose that
3information only to the court. If a court-appointed special advocate discloses any
4information to the court under this paragraph, the court-appointed special advocate
5shall also disclose that information to all parties to the proceeding.
SB106,10,11
6(5) Immunity from liability. A volunteer court-appointed special advocate
7designated under sub. (1) or an employe of a court-appointed special advocate
8program recognized under s. 48.07 (5) is immune from civil liability for any act or
9omission of the volunteer or employe occurring while acting within the scope of his
10or her activities and authority as a volunteer court-appointed special advocate or
11employe of a court-appointed special advocate program.
SB106,10,15
12(6) Communication to a jury.
If a court-appointed special advocate submits
13a written report or testifies orally in a jury trial under this chapter, the court may
14tell the jury that the court-appointed special advocate represents the interests of the
15child for whom the court-appointed special advocate was designated.
SB106, s. 7
16Section
7. 48.27 (3) (a) 1. of the statutes is amended to read:
SB106,11,617
48.27
(3) (a) 1. If the petition that was filed relates to facts concerning a
18situation under s. 48.13 or a situation under s. 48.133 involving an expectant mother
19who is a child, the court shall also notify, under s. 48.273, the child, any parent,
20guardian and legal custodian of the child, any foster parent, treatment foster parent
21or other physical custodian described in s. 48.62 (2) of the child, the unborn child by
22the unborn child's guardian ad litem, if applicable, and any person specified in par.
23(b)
or, (d)
or (e), if applicable, of all hearings involving the child except hearings on
24motions for which notice need only be provided to the child and his or her counsel.
25When parents who are entitled to notice have the same place of residence, notice to
1one shall constitute notice to the other. The first notice to any interested party, foster
2parent, treatment foster parent or other physical custodian described in s. 48.62 (2)
3shall be written and may have a copy of the petition attached to it. Thereafter, notice
4of hearings may be given by telephone at least 72 hours before the time of the
5hearing. The person giving telephone notice shall place in the case file a signed
6statement of the time notice was given and the person to whom he or she spoke.
SB106, s. 8
7Section
8. 48.27 (3) (c) of the statutes is amended to read:
SB106,11,198
48.27
(3) (c) If the petition that was filed relates to facts concerning a situation
9under s. 48.133 involving an expectant mother who is an adult, the court shall notify,
10under s. 48.273, the unborn child by the unborn child's guardian ad litem, the
11expectant mother, the physical custodian of the expectant mother, if any, and any
12person specified in par. (d)
or (e), if applicable, of all hearings involving the unborn
13child and expectant mother except hearings on motions for which notice need only
14be provided to the expectant mother and her counsel and the unborn child through
15the unborn child's guardian ad litem. The first notice to any interested party shall
16be written and may have a copy of the petition attached to it. Thereafter, notice of
17hearings may be given by telephone at least 72 hours before the time of the hearing.
18The person giving telephone notice shall place in the case file a signed statement of
19the time notice was given and the person to whom he or she spoke.
SB106, s. 9
20Section
9. 48.27 (3) (e) of the statutes is created to read:
SB106,12,3
2148.27 (3) (e) If the petition that was filed relates to facts concerning a situation
22under s. 48.13, the court shall also notify, under s. 48.273, the court-appointed
23special advocate for the child of all hearings involving the child. The first notice to
24a court-appointed special advocate shall be written and shall have a copy of the
25petition attached to it. Thereafter, notice of hearings may be given by telephone at
1least 72 hours before the time of the hearing. The person giving telephone notice
2shall place in the case file a signed statement of the time that notice was given and
3the person to whom he or she spoke.
SB106, s. 10
4Section
10. 48.293 (1) of the statutes is amended to read:
SB106,12,105
48.293
(1) Copies of all law enforcement officer reports, including
but not
6limited to the officer's memorandum and witnesses' statements, shall be made
7available upon request to counsel or guardian ad litem
for any party and to the
8court-appointed special advocate for the child prior to a plea hearing. The reports
9shall be available through the representative of the public designated under s. 48.09.
10The identity of a confidential informant may be withheld pursuant to s. 905.10.
SB106, s. 11
11Section
11. 48.293 (2) of the statutes is amended to read:
SB106,12,2312
48.293
(2) All records relating to a child, or to an unborn child and the unborn
13child's expectant mother, which are relevant to the subject matter of a proceeding
14under this chapter shall be open to inspection by a guardian ad litem or counsel for
15any party
and to inspection by the court-appointed special advocate for the child,
16upon demand and upon presentation of releases 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
, a guardian ad litem or a court-appointed special advocate not to disclose
21specified items in the materials to the child or the parent, or to the expectant mother,
22if the court reasonably believes that the disclosure would be harmful to the interests
23of the child or the unborn child.
SB106, s. 12
24Section
12. 48.295 (2) of the statutes is amended to read:
SB106,13,10
148.295
(2) The examiner shall file a report of the examination with the court
2by the date specified in the order. The court shall cause copies to be transmitted to
3the district attorney or corporation counsel, to counsel or guardian ad litem for the
4child and
, if to the court-appointed special advocate for the child. If applicable,
the
5court shall also cause copies to be transmitted to counsel or guardian ad litem for the
6unborn child and the unborn child's expectant mother. The report shall describe the
7nature of the examination and identify the persons interviewed, the particular
8records reviewed and any tests administered to the child or expectant mother. The
9report shall also state in reasonable detail the facts and reasoning upon which the
10examiner's opinions are based.
SB106, s. 13
11Section
13. 48.299 (1) (ag) of the statutes is amended to read:
SB106,13,2412
48.299
(1) (ag) In a proceeding other than a proceeding under s. 48.375 (7), if
13a public hearing is not held, only the parties and their counsel or guardian ad litem,
14if any the court-appointed special advocate for the child, the child's foster parent,
15treatment foster parent or other physical custodian described in s. 48.62 (2),
16witnesses and other persons requested by a party and approved by the court may be
17present, except that the court may exclude a foster parent, treatment foster parent
18or other physical custodian described in s. 48.62 (2) from any portion of the hearing
19if that portion of the hearing deals with sensitive personal information of the child
20or the child's family or if the court determines that excluding the foster parent,
21treatment foster parent or other physical custodian would be in the best interests of
22the child. Except in a proceeding under s. 48.375 (7), any other person the court finds
23to have a proper interest in the case or in the work of the court, including a member
24of the bar, may be admitted by the court.
SB106, s. 14
25Section
14. 48.32 (1) of the statutes is amended to read:
SB106,14,15
148.32
(1) At any time after the filing of a petition for a proceeding relating to
2s. 48.13 or 48.133 and before the entry of judgment, the judge or juvenile court
3commissioner may suspend the proceedings and place the child or expectant mother
4under supervision in the home or present placement of the child or expectant mother.
5The court may establish terms and conditions applicable to the child and the child's
6parent, guardian or legal custodian, to the child expectant mother and her parent,
7guardian or legal custodian or to the adult expectant mother
, including the condition
8specified in sub. (1b). The order under this section shall be known as a consent decree
9and must be agreed to by the child if 12 years of age or older, the parent, guardian
10or legal custodian, and the person filing the petition under s. 48.25; by the child
11expectant mother, her parent, guardian or legal custodian, the unborn child by the
12unborn child's guardian ad litem and the person filing the petition under s. 48.25; or
13by the adult expectant mother, the unborn child by the unborn child's guardian ad
14litem and the person filing the petition under s. 48.25. The consent decree shall be
15reduced to writing and given to the parties.
SB106, s. 15
16Section
15. 48.32 (1b) of the statutes is created to read:
SB106,14,2117
48.32
(1b) The judge or juvenile court commissioner may, as a condition under
18sub. (1), request a court-appointed special advocate program to designate a
19court-appointed special advocate for the child to perform the activities specified in
20s. 48.236 (3). A court-appointed special advocate designated under this subsection
21shall have the authority specified in s. 48.236 (4).
SB106, s. 16
22Section
16. 48.32 (2) (c) of the statutes is amended to read:
SB106,15,923
48.32
(2) (c) Upon the motion of the court or the application of the child, parent,
24guardian, legal custodian, expectant mother, unborn child by the unborn child's
25guardian ad litem, intake worker or any agency supervising the child or expectant
1mother under the consent decree, the court may, after giving notice to the parties to
2the consent decree
and, their counsel or guardian ad litem
and the court-appointed
3special advocate for the child, if any, extend the decree for up to an additional 6
4months in the absence of objection to extension by the parties to the initial consent
5decree. If the child, parent, guardian, legal custodian, expectant mother or unborn
6child by the unborn child's guardian ad litem objects to the extension, the judge shall
7schedule a hearing and make a determination on the issue of extension. An
8extension under this paragraph of a consent decree relating to an unborn child who
9is alleged to be in need of protection or services may be granted after the child is born.
SB106, s. 17
10Section
17. 48.345 (2r) of the statutes is created to read:
SB106,15,1511
48.345
(2r) Place the child as provided in sub. (2) or (2m) and, in addition,
12request a court-appointed special advocate program to designate a court-appointed
13special advocate for the child to perform the activities specified in s. 48.236 (3). A
14court-appointed special advocate designated under this subsection shall have the
15authority specified in s. 48.236 (4).
SB106, s. 18
16Section
18. 48.355 (2) (d) of the statutes is amended to read:
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48.355
(2) (d) The court shall provide a copy of a dispositional order relating
18to a child in need of protection or services to the child's parent, guardian or trustee
,
19to the child through the child's counsel or guardian ad litem and to the child's
20court-appointed special advocate. The court shall provide a copy of a dispositional
21order relating to an unborn child in need of protection or services to the expectant
22mother, to the unborn child through the unborn child's guardian ad litem and, if the
23expectant mother is a child, to her parent, guardian or trustee.
SB106, s. 19
24Section
19. 48.355 (2e) (c) of the statutes is amended to read:
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148.355
(2e) (c) Either the court or the agency that prepared the permanency
2plan shall furnish a copy of the original plan and each revised plan to the child's
3parent or guardian, to the child or the child's counsel or guardian ad litem
, to the
4child's court-appointed special advocate and to the person representing the interests
5of the public.
SB106, s. 20
6Section
20. 48.357 (1) of the statutes is amended to read:
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48.357
(1) The person or agency primarily responsible for implementing the
8dispositional order, the district attorney or the corporation counsel may request a
9change in the placement of the child or expectant mother, whether or not the change
10requested is authorized in the dispositional order and shall cause written notice to
11be sent to the child, the parent, guardian and legal custodian of the child, any foster
12parent, treatment foster parent or other physical custodian described in s. 48.62 (2)
13of the child,
the child's court-appointed special advocate and, if the child is the
14expectant mother of an unborn child under s. 48.133, the unborn child by the unborn
15child's guardian ad litem. If the expectant mother is an adult, written notice shall
16be sent to the adult expectant mother and the unborn child by the unborn child's
17guardian ad litem. The notice shall contain the name and address of the new
18placement, the reasons for the change in placement, a statement describing why the
19new placement is preferable to the present placement and a statement of how the
20new placement satisfies objectives of the treatment plan ordered by the court. Any
21person receiving the notice under this subsection or notice of a specific placement
22under s. 48.355 (2) (b) 2.
, other than a court-appointed special advocate, may obtain
23a hearing on the matter by filing an objection with the court within 10 days after
24receipt of the notice. Placements may not be changed until 10 days after that notice
25is sent to the court unless the parent, guardian or legal custodian and the child, if
112 years of age or over, or the child expectant mother, if 12 years of age or over, her
2parent, guardian or legal custodian and the unborn child by the unborn child's
3guardian ad litem, or the adult expectant mother and the unborn child by the unborn
4child's guardian ad litem, sign written waivers of objection, except that placement
5changes which were authorized in the dispositional order may be made immediately
6if notice is given as required in this subsection. In addition, a hearing is not required
7for placement changes authorized in the dispositional order except when an objection
8filed by a person who received notice alleges that new information is available which
9affects the advisability of the court's dispositional order.
SB106, s. 21
10Section
21. 48.357 (2m) of the statutes is amended to read: