Amendment ASA1-AB626

LRBs0297/1

CMH&GMM:sac:rs

2013 - 2014 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 626

February 19, 2014 - Offered by Representative Doyle.

AB626-ASA1,1,5 An Act to amend 48.02 (12g), 48.13 (10), 48.13 (10m), 48.23 (3m), 48.33 (1) (b), 48.355 (1), 48.415 (2) (am) 1., 48.685 (1) (c) 2., 48.977 (2) (a), 48.977 (4) (b) 3., 48.981 (3) (c) 2. a., 48.981 (7) (a) 10., 50.065 (1) (e) 2. and 103.34 (1) (b) 2.; to repeal and recreate 948.21; and to create 48.02 (2c), 48.02 (12d) and 48.13 (10r) of the statutes; relating to: neglect of a child and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB626-ASA1,1 Section 1. 48.02 (2c) of the statutes is created to read:

AB626-ASA1,1,10 48.02 (2c) "Contributes to the neglect" includes the act of contributing to neglect even if the child does not actually suffer from neglect if the natural and probable consequences of the act or failure to act would be that the child suffers from neglect.

AB626-ASA1,2 Section 2. 48.02 (12d) of the statutes is created to read:

AB626-ASA1,2,4 48.02 (12d) "Necessary care" means the care that is critical to a child's physical or emotional health, safety, welfare, or development, based on all of the facts and circumstances, such as the child's age, physical or emotional condition, and any special needs of the child. "Necessary care" includes any of the following:

AB626-ASA1,2,5 (a) Appropriate food.

AB626-ASA1,2,6 (b) Appropriate clothing.

AB626-ASA1,2,7 (c) Appropriate medical care.

AB626-ASA1,2,8 (d) Appropriate dental care.

AB626-ASA1,2,9 (e) The opportunity for education.

AB626-ASA1,2,10 (f) Appropriate shelter.

AB626-ASA1,2,11 (g) Appropriate supervision.

AB626-ASA1,2,13 (h) Protection from exposure to the distribution, manufacture, or use of controlled substances.

AB626-ASA1,3 Section 3. 48.02 (12g) of the statutes is amended to read:

AB626-ASA1,2,20 48.02 (12g) "Neglect" means failure, refusal, or inability on the part of a caregiver, for reasons other than poverty, to provide necessary care , food, clothing, medical or dental care or shelter as provided under sub. (12d) (a) to (g), or the failure, refusal, or inability on the part of a caregiver to provide necessary care as provided in sub. (12d) (h), so as to seriously endanger the physical or emotional health of the child.

AB626-ASA1,4 Section 4. 48.13 (10) of the statutes is amended to read:

AB626-ASA1,2,25 48.13 (10) Whose parent, guardian, or legal custodian neglects, refuses, or is unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical or emotional health of the child;

AB626-ASA1,5 Section 5. 48.13 (10m) of the statutes is amended to read:

AB626-ASA1,3,9 48.13 (10m) Whose parent, guardian, or legal custodian is at substantial risk of neglecting, refusing, or being unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to endanger seriously the physical or emotional health of the child, based on reliable and credible information that the child's parent, guardian, or legal custodian has neglected, refused, or been unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to endanger seriously the physical or emotional health of another child in the home;

AB626-ASA1,6 Section 6. 48.13 (10r) of the statutes is created to read:

AB626-ASA1,3,13 48.13 (10r) Whose parent, guardian, or legal custodian contributes to the neglect of the child so as to endanger seriously the physical or emotional health of the child.

AB626-ASA1,7 Section 7. 48.23 (3m) of the statutes is amended to read:

AB626-ASA1,3,21 48.23 (3m) Guardians ad litem or counsel for abused or neglected children. The court shall appoint counsel for any child alleged to be in need of protection or services under s. 48.13 (3), (3m), (10), (10m) and, (10r), or (11), except that if the child is less than 12 years of age the court may appoint a guardian ad litem instead of counsel. The guardian ad litem or counsel for the child may not act as counsel for any other party or any governmental or social agency involved in the proceeding and may not act as court-appointed special advocate for the child in the proceeding.

AB626-ASA1,8 Section 8. 48.33 (1) (b) of the statutes is amended to read:

AB626-ASA1,4,5 48.33 (1) (b) A recommended plan of rehabilitation or treatment and care for the child or expectant mother which is based on the investigation conducted by the agency and any report resulting from an examination or assessment under s. 48.295, which employs the least restrictive means available to accomplish the objectives of the plan, and, in cases of child abuse or neglect or unborn child abuse, which also includes an assessment of risks to the physical safety and physical and emotional health of the child, or to the physical safety and physical health of the unborn child, and a description of a plan for controlling the risks.

AB626-ASA1,9 Section 9. 48.355 (1) of the statutes is amended to read:

AB626-ASA1,4,23 48.355 (1) Intent. In any order under s. 48.345 or 48.347 the judge shall decide on a placement and treatment finding based on evidence submitted to the judge. The disposition shall employ those means necessary to maintain and protect the well-being of the child or unborn child which are the least restrictive of the rights of the parent and child, of the rights of the parent and child expectant mother or of the rights of the adult expectant mother, and which assure the care, treatment, or rehabilitation of the child and the family, of the child expectant mother, the unborn child, and the family or of the adult expectant mother and the unborn child, consistent with the protection of the public. When appropriate, and, in cases of child abuse or neglect or unborn child abuse, when it is consistent with the best interest of the child in terms of physical safety and physical and emotional health or unborn child in terms of physical safety and physical health, the family unit shall be preserved and there shall be a policy of transferring custody of a child from the parent or of placing an expectant mother outside of her home only when there is no less drastic alternative. If there is no less drastic alternative for a child than transferring custody from the parent, the judge shall consider transferring custody to a relative whenever possible.

AB626-ASA1,10 Section 10. 48.415 (2) (am) 1. of the statutes is amended to read:

AB626-ASA1,5,5 48.415 (2) (am) 1. That on 3 or more occasions the child has been adjudicated to be in need of protection or services under s. 48.13 (3), (3m), (10) or, (10m), or (10r) and, in connection with each of those adjudications, has been placed outside his or her home pursuant to a court order under s. 48.345 containing the notice required by s. 48.356 (2).

AB626-ASA1,11 Section 11. 48.685 (1) (c) 2. of the statutes is amended to read:

AB626-ASA1,5,11 48.685 (1) (c) 2. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 942.09 (2), 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) (2), 948.30, or 948.53.

AB626-ASA1,12 Section 12. 48.977 (2) (a) of the statutes is amended to read:

AB626-ASA1,5,19 48.977 (2) (a) That the child has been adjudged to be in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (10r), (11), or (11m) or 938.13 (4) and been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or that the child has been so adjudged and placement of the child in the home of a guardian under this section has been recommended under s. 48.33 (1) or 938.33 (1).

AB626-ASA1,13 Section 13. 48.977 (4) (b) 3. of the statutes is amended to read:

AB626-ASA1,6,3 48.977 (4) (b) 3. The date on which the child was adjudged in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (10r), (11), or (11m) or 938.13 (4) and the dates on which the child has been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or, if the child has been so adjudged, but not so placed, the date of the report under s. 48.33 (1) or 938.33 (1) in which placement of the child in the home of the person is recommended.

AB626-ASA1,14 Section 14. 48.981 (3) (c) 2. a. of the statutes is amended to read:

AB626-ASA1,6,11 48.981 (3) (c) 2. a. If the person making the investigation is an employee of the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department and he or she determines that it is consistent with the child's best interest in terms of physical safety and physical and emotional health to remove the child from his or her home for immediate protection, he or she shall take the child into custody under s. 48.08 (2) or 48.19 (1) (c) and deliver the child to the intake worker under s. 48.20.

AB626-ASA1,15 Section 15. 48.981 (7) (a) 10. of the statutes is amended to read:

AB626-ASA1,6,18 48.981 (7) (a) 10. A court conducting proceedings under s. 48.21 or 48.213, a court conducting proceedings related to a petition under s. 48.13, 48.133 or 48.42 or a court conducting dispositional proceedings under subch. VI or VIII in which abuse or neglect, or contribution to the neglect, of the child who is the subject of the report or record or abuse of the unborn child who is the subject of the report or record is an issue.

AB626-ASA1,16 Section 16. 50.065 (1) (e) 2. of the statutes is amended to read:

AB626-ASA1,7,2 50.065 (1) (e) 2. For the purposes of an entity that serves persons under the age of 18, "serious crime" includes a violation of s. 948.02 (2), 948.03 (2) (b) or (c), 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) (2), 948.30, or 948.53 or a violation of the law of any other state or United States jurisdiction that would be a violation of s. 948.02 (2), 948.03 (2) (b) or (c), 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) (2), 948.30, or 948.53 if committed in this state.

AB626-ASA1,17 Section 17. 103.34 (1) (b) 2. of the statutes is amended to read:

AB626-ASA1,7,10 103.34 (1) (b) 2. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10, 940.19 (2), (4), (5), or (6), 940.21, 940.225 (1), (2), or (3), 940.23, 940.235, 940.24, 940.25, 940.30, 940.302, 940.305, 940.31, 943.02, 943.03, 943.04, 943.10, 943.30, 943.31, 943.32, 944.32, 944.33 (2), 944.34, 946.10, 948.02 (1) or (2), 948.025, 948.03 (2) or (3), 948.04, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) (2), or 948.30 or of a substantially similar federal law or law of another state.

AB626-ASA1,18 Section 18. 948.21 of the statutes is repealed and recreated to read:

AB626-ASA1,7,12 948.21 Neglecting a child. (1) Definitions. In this section:

AB626-ASA1,7,14 (a) "Child sex offense" means an offense under s. 948.02, 948.025, 948.05, 948.051, 948.055, 948.06, 948.07, 948.10, 948.11, or 948.12.

AB626-ASA1,7,17 (am) "Contributes to the neglect" includes the act of contributing to neglect even if the child does not actually suffer from neglect if the natural and probable consequences of the act or failure to act would be that the child suffers from neglect.

AB626-ASA1,7,19 (ar) "Course of conduct" means a pattern of conduct composed of a series of actions or inactions over a period of time, however short.

AB626-ASA1,7,20 (b) "Emotional damage" has the meaning given in s. 48.02 (5j).

AB626-ASA1,7,24 (c) "Necessary care" means the care that is critical to a child's physical or emotional health, safety, welfare, or development, based on all of the facts and circumstances, such as the child's age, physical or emotional condition, and any special needs of the child. "Necessary care" includes any of the following:

AB626-ASA1,7,25 1. Appropriate food.

AB626-ASA1,8,1 2. Appropriate clothing.

AB626-ASA1,8,2 3. Appropriate medical care.

AB626-ASA1,8,3 4. Appropriate dental care.