48.371
48.371
Access to certain information by substitute care provider. 48.371(1)(1) If a child is placed in a foster home, treatment foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent, including a placement under
s. 48.205 or
48.21, the agency, as defined in
s. 48.38 (1) (a), that placed the child or arranged for the placement of the child shall provide the following information to the foster parent, treatment foster parent, relative, or operator of the group home or residential care center for children and youth at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:
Effective date note
NOTE: Sub. (1) (intro.) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(1) If a child is placed in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent, including a placement under s. 48.205 or 48.21, the agency, as defined in s. 48.38 (1) (a), that placed the child or arranged for the placement of the child shall provide the following information to the foster parent, relative, or operator of the group home or residential care center for children and youth at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:
48.371(1)(a)
(a) Results of an HIV test, as defined in
s. 252.01 (2m), of the child, as provided under
s. 252.15 (3m) (d) 15., including results included in a court report or permanency plan. At the time that the HIV test results are provided, the agency shall notify the foster parent, treatment foster parent, relative, or operator of the group home or residential care center for children and youth of the confidentiality requirements under
s. 252.15 (6).
48.371 Note
NOTE: Par. (a) is shown below as affected by
2009 Wis. Act 28 and
2009 Wis. Act 209 and as merged by the legislative reference bureau under s. 13.92 (2) (i) effective the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9):
Effective date text
(a) Results of an HIV test, as defined in s. 252.01 (2m), of the child, as provided under s. 252.15 (3m) (d) 15., including results included in a court report or permanency plan. At the time that the HIV test results are provided, the agency shall notify the foster parent, relative, or operator of the group home or residential care center for children and youth of the confidentiality requirements under s. 252.15 (6).
48.371(1)(b)
(b) Results of any tests of the child to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan.
48.371(1)(c)
(c) Any other medical information concerning the child that is necessary for the care of the child.
48.371(3)
(3) At the time of placement of a child in a foster home, treatment foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in
s. 48.38 (1) (a), responsible for preparing the child's permanency plan shall provide to the foster parent, treatment foster parent, relative, or operator of the group home or residential care center for children and youth information contained in the court report submitted under
s. 48.33 (1),
48.365 (2g),
48.425 (1),
48.831 (2) or
48.837 (4) (c) or permanency plan submitted under
s. 48.355 (2e),
48.38,
48.43 (1) (c) or
(5) (c),
48.63 (4) or
(5) (c) or
48.831 (4) (e) relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:
Effective date note
NOTE: Sub. (3) (intro.) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(3) At the time of placement of a child in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in s. 48.38 (1) (a), responsible for preparing the child's permanency plan shall provide to the foster parent, relative, or operator of the group home or residential care center for children and youth information contained in the court report submitted under s. 48.33 (1), 48.365 (2g), 48.425 (1), 48.831 (2), or 48.837 (4) (c) or permanency plan submitted under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), or 48.831 (4) (e) relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:
48.371(3)(a)
(a) Any mental, emotional, cognitive, developmental, or behavioral disability of the child.
48.371(3)(b)
(b) Any involvement of the child in any criminal gang, as defined in
s. 939.22 (9), or in any other group in which any child was traumatized as a result of his or her association with that group.
48.371(3)(c)
(c) Any involvement of the child in any activities that are harmful to the child's physical, mental, or moral well-being.
48.371(3)(d)1.b.b. applies, sexual exploitation of a child in violation of
s. 948.05, trafficking of a child in violation of
s. 948.051, or causing a child to view or listen to sexual activity in violation of
s. 948.055, if the information is necessary for the care of the child or for the protection of any person living in the foster home, treatment foster home, group home, or residential care center for children and youth.
Effective date note
NOTE: Par. (d) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(d) Any involvement of the child, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02, 948.025, or 948.085, prostitution in violation of s. 944.30, trafficking in violation of s. 940.302 (2) if s. 940.302 (2) (a). 1. b. applies, sexual exploitation of a child in violation of s. 948.05, trafficking of a child in violation of s. 948.051, or causing a child to view or listen to sexual activity in violation of s. 948.055, if the information is necessary for the care of the child or for the protection of any person living in the foster home, group home, or residential care center for children and youth or in the home of the relative.
48.371(3)(e)
(e) The religious affiliation or belief of the child.
48.371(4)
(4) Subsection (1) does not preclude an agency, as defined in
s. 48.38 (1) (a), that is arranging for the placement of a child from providing the information specified in
sub. (1) (a) to
(c) to a person specified in
sub. (1) (intro.) before the time of placement of the child.
Subsection (3) does not preclude an agency, as defined in
s. 48.38 (1) (a), responsible for preparing a child's court report or permanency plan from providing the information specified in
sub. (3) (a) to
(e) to a person specified in
sub. (3) (intro.) before the time of placement of the child.
48.371(5)
(5) Except as permitted under
s. 252.15 (6), a foster parent, treatment foster parent, relative, or operator of a group home or residential care center for children and youth that receives any information under
sub. (1) or
(3), other than the information described in
sub. (3) (e), shall keep the information confidential and may disclose that information only for the purposes of providing care for the child or participating in a court hearing or permanency plan review concerning the child.
Effective date note
NOTE: Sub. (5) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(5) Except as permitted under s. 252.15 (6), a foster parent, relative, or operator of a group home or residential care center for children and youth that receives any information under sub. (1) or (3), other than the information described in sub. (3) (e), shall keep the information confidential and may disclose that information only for the purposes of providing care for the child or participating in a court hearing or permanency plan review concerning the child.
48.371 Note
NOTE: 1993 Wis. Act 395, which created this section, contains extensive explanatory notes.
48.373
48.373
Medical authorization. 48.373(1)
(1) The court assigned to exercise jurisdiction under this chapter and
ch. 938 may authorize medical services including surgical procedures when needed if the court assigned to exercise jurisdiction under this chapter and
ch. 938 determines that reasonable cause exists for the services and that the minor is within the jurisdiction of the court assigned to exercise jurisdiction under this chapter and
ch. 938 and consents.
48.373(3)
(3) In a proceeding under
s. 48.375 (7), a circuit court exercising jurisdiction under
s. 48.16 may not authorize any medical services other than the performance or inducement of an abortion.
48.375
48.375
Parental consent required prior to abortion; judicial waiver procedure. 48.375(1)
(1)
Legislative findings and intent. 48.375(1)(a)1.
1. Immature minors often lack the ability to make fully informed choices that take account of both immediate and long-range consequences.
48.375(1)(a)2.
2. The medical, emotional and psychological consequences of abortion and of childbirth are serious and can be lasting, particularly when the patient is immature.
48.375(1)(a)3.
3. The capacity to become pregnant and the capacity for mature judgment concerning the wisdom of bearing a child or of having an abortion are not necessarily related.
48.375(1)(a)4.
4. Parents ordinarily possess information essential to a physician's exercise of the physician's best medical judgment concerning a minor.
48.375(1)(a)5.
5. Parents who are aware that their minor is pregnant or has had an abortion may better ensure that she receives adequate medical attention during her pregnancy or after her abortion.
48.375(1)(a)6.
6. Parental knowledge of a minor's pregnancy and parental consent to an abortion are usually desirable and in the best interest of the minor.
48.375(1)(b)
(b) It is the intent of the legislature in enacting this section to further the purposes set forth in
s. 48.01, and in particular to further the important and compelling state interests in:
48.375(1)(b)2.
2. Fostering the family structure and preserving it as a viable social unit.
48.375(1)(b)3.
3. Protecting the rights of parents to rear minors who are members of their households.
48.375(2)(a)
(a) "Abortion" means the use of any instrument, medicine, drug or any other substance or device with intent to terminate the pregnancy of a minor after implantation of a fertilized human ovum and with intent other than to increase the probability of a live birth, to preserve the life or health of the infant after live birth or to remove a dead fetus.
48.375(2)(b)
(b) "Adult family member" means any of the following who is at least 25 years of age:
48.375(2)(c)
(c) "Counselor" means a physician including a physician specializing in psychiatry, a licensed psychologist, as defined in
s. 455.01 (4), or an ordained member of the clergy. "Counselor" does not include any person who is employed by or otherwise affiliated with a reproductive health care facility, a family planning clinic or a family planning agency; any person affiliated with the performance of abortions, except abortions performed to save the life of the mother; or any person who may profit from giving advice to seek an abortion.
48.375(2)(e)
(e) "Emancipated minor" means a minor who is or has been married; a minor who has previously given birth; or a minor who has been freed from the care, custody and control of her parents, with little likelihood of returning to the care, custody and control prior to marriage or prior to reaching the age of majority.
48.375(2)(g)
(g) "Physician" means a person licensed to practice medicine and surgery under
ch. 448.
48.375(2)(h)
(h) "Referring physician" means a physician who refers a minor to another physician for the purpose of obtaining an abortion.
48.375(3)
(3) Applicability. This section applies whether or not the minor who initiates the proceeding is a resident of this state.
48.375(4)(a)(a) Except as provided in this section, no person may perform or induce an abortion on or for a minor who is not an emancipated minor unless the person is a physician and one of the following applies:
48.375(4)(a)1.
1. The person or the person's agent has, either directly or through a referring physician or his or her agent, received and made part of the minor's medical record, under the requirements of
s. 253.10, the voluntary and informed written consent of the minor and the voluntary and informed written consent of one of her parents; or of the minor's guardian or legal custodian, if one has been appointed; or of an adult family member of the minor; or of one of the minor's foster parents or treatment foster parents, if the minor has been placed in a foster home or treatment foster home and the minor's parent has signed a waiver granting the department, a county department, the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor.
Effective date note
NOTE: Subd. 1. is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
1. The person or the person's agent has, either directly or through a referring physician or his or her agent, received and made part of the minor's medical record, under the requirements of s. 253.10, the voluntary and informed written consent of the minor and the voluntary and informed written consent of one of her parents; or of the minor's guardian or legal custodian, if one has been appointed; or of an adult family member of the minor; or of one of the minor's foster parents, if the minor has been placed in a foster home and the minor's parent has signed a waiver granting the department, a county department, or the foster parent the authority to consent to medical services or treatment on behalf of the minor.
48.375(4)(b)
(b) Paragraph (a) does not apply if the person who intends to perform or induce the abortion is a physician and any of the following occurs:
48.375(4)(b)1.
1. The person who intends to perform or induce the abortion believes, to the best of his or her medical judgment based on the facts of the case before him or her, that a medical emergency exists that complicates the pregnancy so as to require an immediate abortion.
48.375(4)(b)1g.
1g. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, in which the minor swears that the pregnancy is the result of a sexual assault in violation of
s. 940.225 (1),
(2) or
(3) in which the minor did not indicate a freely given agreement to have sexual intercourse. The person who intends to perform or induce the abortion shall place the statement in the minor's medical record and report the sexual intercourse as required under
s. 48.981 (2) or
(2m) (e). Any minor who makes a false statement under this subdivision, which the minor does not believe is true, is subject to a proceeding under
s. 938.12 or
938.13 (12), whichever is applicable, based on a violation of
s. 946.32 (2).
48.375(4)(b)1m.
1m. A physician who specializes in psychiatry or a licensed psychologist, as defined in
s. 455.01 (4), states in writing that the physician or psychologist believes, to the best of his or her professional judgment based on the facts of the case before him or her, that the minor is likely to commit suicide rather than file a petition under
s. 48.257 or approach her parent, or guardian or legal custodian, if one has been appointed, or an adult family member of the minor, or one of the minor's foster parents or treatment foster parents, if the minor has been placed in a foster home or treatment foster home and the minor's parent has signed a waiver granting the department, a county department, the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, for consent.
Effective date note
NOTE: Subd. 1m. is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
1m. A physician who specializes in psychiatry or a licensed psychologist, as defined in s. 455.01 (4), states in writing that the physician or psychologist believes, to the best of his or her professional judgment based on the facts of the case before him or her, that the minor is likely to commit suicide rather than file a petition under s. 48.257 or approach her parent, or guardian or legal custodian, if one has been appointed, or an adult family member of the minor, or one of the minor's foster parents, if the minor has been placed in a foster home and the minor's parent has signed a waiver granting the department, a county department, or the foster parent the authority to consent to medical services or treatment on behalf of the minor, for consent.
48.375(4)(b)2.
2. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, that the pregnancy is the result of sexual intercourse with a caregiver specified in
s. 48.981 (1) (am) 1.,
2.,
3.,
4. or
8. The person who intends to perform or induce the abortion shall place the statement in the minor's medical record. The person who intends to perform or induce the abortion shall report the sexual intercourse as required under
s. 48.981 (2m) (d) 1.
48.375(4)(b)3.
3. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, that a parent who has legal custody of the minor, or the minor's guardian or legal custodian, if one has been appointed, or an adult family member of the minor, or a foster parent or treatment foster parent, if the minor has been placed in a foster home or treatment foster home and the minor's parent has signed a waiver granting the department, a county department, the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, has inflicted abuse on the minor. The person who intends to perform or induce the abortion shall place the statement in the minor's medical record. The person who intends to perform or induce the abortion shall report the abuse as required under
s. 48.981 (2).
Effective date note
NOTE: Subd. 3. is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
3. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, that a parent who has legal custody of the minor, or the minor's guardian or legal custodian, if one has been appointed, or an adult family member of the minor, or a foster parent, if the minor has been placed in a foster home and the minor's parent has signed a waiver granting the department, a county department, or the foster parent the authority to consent to medical services or treatment on behalf of the minor, has inflicted abuse on the minor. The person who intends to perform or induce the abortion shall place the statement in the minor's medical record. The person who intends to perform or induce the abortion shall report the abuse as required under s. 48.981 (2).
48.375(5)
(5) Counseling. Any minor who is pregnant and who is seeking an abortion and any minor who has had an abortion may receive counseling from a counselor of her choice. A county department may refer the minor to a private counselor.
48.375(6)
(6) Right to petition court for waiver. Any pregnant minor who is seeking an abortion in this state, and any member of the clergy on the minor's behalf, may file a petition specified under
s. 48.257 with any court for a waiver of the parental consent requirement under
sub. (4) (a) 1.
48.375(7)(a)(a)
Receipt of petition; initial appearance. On the date that a petition under
s. 48.257 is filed, or if it is impossible to do so on that day, on the next calendar day, the court shall hold an initial appearance in chambers at which the minor or the member of the clergy who filed the petition on behalf of the minor, if any, is present and shall do all of the following:
48.375(7)(a)3.
3. Set a time for a hearing on the petition that will enable the court to act within the time period specified in
par. (d) 1.
48.375(7)(a)4.
4. Notify the minor, the minor's counsel, if any, the member of the clergy who filed the petition on behalf of the minor, if any, and the minor's guardian ad litem, if any, of the time, date and place of the hearing.
48.375(7)(am)
(am) Guardian ad litem; appointment. At the initial appearance under
par. (a), the court may also, in its discretion, appoint a guardian ad litem under
s. 48.235 (1) (d).
48.375(7)(b)
(b) Hearing; evidence. The court shall hold a confidential hearing on a petition that is filed by a minor. The hearing shall be held in chambers, unless a public fact-finding hearing is demanded by the minor through her counsel. At the hearing, the court shall consider the report of the guardian ad litem, if any, and hear evidence relating to all of the following:
48.375(7)(b)1.
1. The emotional development, maturity, intellect and understanding of the minor.
48.375(7)(b)2.
2. The understanding of the minor about the nature of, possible consequences of and alternatives to the intended abortion procedure.
48.375(7)(b)3.
3. Any other evidence that the court may find useful in making the determination under
par. (c).
48.375(7)(bm)
(bm)
Member of the clergy's affidavit. If a member of the clergy files a petition under
s. 48.257 on behalf of a minor, the member of the clergy shall file with the petition an affidavit stating that the member of the clergy has met personally with the minor and has explored with the minor the alternative choices available to the minor for managing the pregnancy, including carrying the pregnancy to term and keeping the infant, carrying the pregnancy to term and placing the infant with a relative or with another family for adoption or having an abortion, and has discussed with the minor the possibility of involving one of the persons specified in
sub. (4) (a) 1. in the minor's decision making concerning the pregnancy and whether or not in the opinion of the minor that involvement would be in the minor's best interests. The court may make the determination under
par. (c) on the basis of the ordained member of the clergy's affidavit or may, in its discretion, require the minor to attend an interview with the court in chambers before making that determination. Any information supplied by a minor to a member of the clergy in preparation of the petition under
s. 48.257 or the affidavit under this paragraph shall be kept confidential and may only be disclosed to the court in connection with a proceeding under this subsection.
