Wisconsin Legislature: 275,15

Note: This Section creates a new provision in s. 48.01 (1), stats., emphasizing the significance of prevention and intervention approaches in legislative, executive and local government programs, policies and planning strategies for dealing with children under the children's code.

275,6 Section 6 . 48.01 (1) (dm) of the statutes is created to read:

48.01 (1) (dm) To divert children from formal proceedings under this chapter to the extent that this is consistent with protection of children and the public safety.

Note: This Section creates a new provision in s. 48.01, stats., to emphasize the diversion of children from formal proceedings under the children's code to the extent that this is consistent with protection of children and the public safety.

275,7 Section 7 . 48.01 (1) (e) of the statutes is repealed.

Note: This Section repeals current s. 48.01 (1) (e), stats., relating to responding to children's needs for care and treatment through community-based programs because the content of that paragraph is incorporated into new sub. (1) (ag), as created in this bill.

275,8m Section 8m. 48.01 (1) (g) of the statutes is renumbered 48.01 (1) (a) and amended to read:

48.01 (1) (a) To provide children in the state with permanent and stable family relationships While recognizing that the paramount goal of this chapter is to protect children, to preserve the unity of the family, whenever appropriate, by strengthening family life through assisting parents, whenever appropriate, in fulfilling their parental responsibilities. The courts and agencies responsible for child welfare should assist parents in changing any circumstances in the home which might harm the child or which may require the child to be placed outside the home. The courts should recognize that they have the authority, in appropriate cases, not to reunite a child with his or her family. The courts and agencies responsible for child welfare should also recognize that instability and impermanence in family relationships are contrary to the welfare of children and should therefore recognize the importance of eliminating the need for children to wait unreasonable periods of time for their parents to correct the conditions that prevent their return to the family.

275,9 Section 9 . 48.01 (1) (gr) of the statutes is amended to read:

48.01 (1) (gr) To allow for the termination of parental rights at the earliest possible time after rehabilitation and reunification efforts are discontinued in accordance with this chapter and termination of parental rights is in the best interest of the child.

Note: This Section adds the phrase “in accordance with this chapter" to s. 48.01 (1) (gr), stats., to clarify that the rehabilitation and reunification efforts prior to termination of parental rights (TPR) should at least be at a level in accordance with ch. 48, stats., before they can be discontinued and TPR proceedings commenced. Committee members expressed concern that the current language in that paragraph could be interpreted to permit lesser efforts prior to TPR.

275,10 Section 10 . 48.01 (1) (gt) of the statutes is created to read:

48.01 (1) (gt) To reaffirm that the duty of a parent to support and maintain his or her child continues during any period in which the child may be removed from the custody of the parent.

Note: This Section creates a new provision in s. 48.01, stats., which emphasizes that a parent's duty to support and maintain his or her minor child continues during any period in which the minor child may be removed from the custody of the parent under ch. 48, stats.

275,11m Section 11m. 48.01 (2) of the statutes is repealed and recreated to read:

48.01 (2) In proceedings involving an American Indian child, the best interests of the child shall be determined consistent with the Indian child welfare act, 25 USC 1901 to 1963. In this subsection, “American Indian child" means any unmarried person who is under 18 years of age and who is one of the following:

(a) A member of an Indian tribe, as defined in 25 USC 1903 (8).

(b) Eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.

275,13 Section 13 . 48.02 (1) of the statutes, as affected by 1995 Wisconsin Act 77, is renumbered 48.02 (1d).

Note: Renumbers the definition of “adult" in order to insert the definition of “abuse" in the general definitions section of ch. 48.

275,14 Section 14 . 48.02 (1) of the statutes is created to read:

48.02 (1) “Abuse", other than when used in referring to abuse of alcohol beverages or other drugs, means any of the following:

(a) Physical injury inflicted on a child by other than accidental means.

(b) Sexual intercourse or sexual contact under s. 940.225, 948.02 or 948.025.

(d) Permitting, allowing or encouraging a child to violate s. 944.30.

(e) A violation of s. 948.055.

(f) A violation of s. 948.10.

(gm) Emotional damage for which the child's parent, guardian or legal custodian has neglected, refused or been unable for reasons other than poverty to obtain the necessary treatment or to take steps to ameliorate the symptoms.

275,15 Section 15 . 48.02 (5j) of the statutes is created to read:

48.02 (5j) “Emotional damage" means harm to a child's psychological or intellectual functioning. “Emotional damage" shall be evidenced by one or more of the following characteristics exhibited to a severe degree: anxiety; depression; withdrawal; outward aggressive behavior; or a substantial and observable change in behavior, emotional response or cognition that is not within the normal range for the child's age and stage of development.

275,15m Section 15m. 48.02 (14g) of the statutes is created to read:

48.02 (14g) “Physical injury" includes but is not limited to lacerations, fractured bones, burns, internal injuries, severe or frequent bruising or great bodily harm, as defined in s. 939.22 (14).

275,18 Section 18 . 48.023 (intro.) of the statutes is amended to read:

48.023 Guardianship. (intro.) A Except as limited by an order of the court under s. 48.977 (5) (b), a person appointed by the court to be the guardian of a child under this chapter has the duty and authority to make important decisions in matters having a permanent effect on the life and development of the child and the duty to be concerned about the child's general welfare, including but not limited to:

Note: Clarifies that the duties and authority of a person appointed by the juvenile court to be guardian of a child under ch. 48 to make decisions relating to the child's life, development and general welfare may be limited by order of the juvenile court.

275,19 Section 19 . 48.065 (3) (g) of the statutes is created to read:

48.065 (3) (g) Conduct hearings, make findings or issue orders in proceedings under s. 48.977.

Note: Prohibits a juvenile court commissioner from conducting hearings, making findings or issuing orders in guardianship proceedings under s. 48.977, stats., as created in this bill.

275,20 Section 20 . 48.09 (5) of the statutes is amended to read:

48.09 (5) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under s. 48.13 or 48.977. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that odd-numbered year.

Note: Provides that the district attorney or, if designated by the county board, the corporation counsel, shall represent the interests of the public in guardianship proceedings under s. 48.977, stats., as created in this bill. [Under current s. 48.09 (6), stats., a county board also has authority to designate any other appropriate person to represent the interests of the public in such matters.]

275,21 Section 21 . 48.13 (3) of the statutes is amended to read:

48.13 (3) Who has been the victim of sexual or physical abuse, as defined in s. 48.02 (1) (a), (b), (c), (d), (e) or (f), including injury which that is self-inflicted or inflicted by another by other than accidental means;

Note: Current law does not define sexual or physical abuse for purposes of CHIPS jurisdiction. This bill provides a definition of “abuse" for purposes of CHIPS jurisdiction by cross-referencing the paragraphs in the definition of “abuse" in s. 48.02 (1) (a) to (f), stats., as created by this bill, which include “physical injury" [as defined in s. 48.02 (14m), stats., as created by this bill], including a provision that the “physical injury" be inflicted by other than accidental means, and which list various sex crimes.

275,22 Section 22 . 48.13 (3m) of the statutes is amended to read:

48.13 (3m) Who is at substantial risk of becoming the victim of sexual or physical abuse, as defined in s. 48.02 (1) (a), (b), (c), (d), (e) or (f), including injury that is self-inflicted or inflicted by another by other than accidental means, based on reliable and credible information that another child in the home has been the victim of sexual or physical such abuse;

275,23 Section 23 . 48.13 (4) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

48.13 (4) Whose parent or guardian signs the petition requesting jurisdiction under this subsection and states that he or she is unable or needs assistance to care for or provide necessary special treatment or care for the child;

Note: Amends this ground for CHIPS jurisdiction as follows:

1. In addition to providing a ground for jurisdiction if a parent or guardian is unable to care for or provide necessary special treatment or care for a child, provides a ground for jurisdiction if the parent or guardian needs assistance in doing so.

2. Provides that this ground for jurisdiction is not established simply by the parent's or guardian's statement that he or she is unable to care for or provide necessary special treatment or care for a child but, rather, is established only if the parent or guardian proves that he or she is unable or needs assistance to do so.

275,24 Section 24 . 48.13 (9) of the statutes is amended to read:

48.13 (9) Who is at least age 12, signs the petition requesting jurisdiction under this subsection and attests in court that he or she is in need of special care and treatment or care which the parent, guardian or legal custodian is unwilling, neglecting, unable or needs assistance to provide;

Note: 1. Provides a ground for CHIPS jurisdiction if a child 12 years of age or over signs the petition and the parent, guardian or legal custodian is unwilling, neglecting, unable or needs assistance to provide needed special treatment or care rather than being unwilling to do so.

2. Changes the phrase “special care or treatment" to “special treatment or care" which is currently defined in s. 48.02 (17m), stats.

275,25m Section 25m. 48.13 (11) of the statutes is amended to read:

48.13 (11) Who is suffering emotional damage for which the parent or, guardian is unwilling to provide treatment, which is evidenced by one or more of the following characteristics, exhibited to a severe degree: anxiety, depression, withdrawal or outward aggressive behavior or legal custodian has neglected, refused or been unable and is neglecting, refusing or unable, for reasons other than poverty, to obtain necessary treatment or to take necessary steps to ameliorate the symptoms;

275,26 Section 26 . 48.13 (11m) of the statutes is amended to read:

48.13 (11m) Who is suffering from an alcohol and other drug abuse impairment, exhibited to a severe degree, for which the parent or, guardian or legal custodian is unwilling neglecting, refusing or unable to provide treatment;

Note: 1. Adds grounds for CHIPS jurisdiction if a child is suffering from an alcohol or other drug abuse impairment if a parent or guardian is neglecting, refusing or unable to provide treatment rather than being unwilling to do so.

2. Adds grounds for jurisdiction for alcohol or other drug abuse impairment if a legal custodian is neglecting, refusing or unable to provide treatment.

275,27 Section 27 . 48.14 (2) (b) of the statutes is amended to read:

48.14 (2) (b) The appointment and removal of a guardian of the person for a child under ss. 48.427, 48.428, 48.43, 48.831, 48.832 and, 48.839 (4) (a) and 48.977 and ch. 880 and for a child found to be in need of protection or services under s. 48.13 because the child is without parent or guardian.

Note: Section 48.14 (2) (b), stats., sets forth a list of matters over which the juvenile court has exclusive jurisdiction (no other court, for example, a regular branch of the circuit court, can deal with these matters). Currently the juvenile court has exclusive jurisdiction over the appointment and removal of a guardian of the person for a child under all of the following provisions:

1. Section 48.427, stats., relating to dispositions in TPR proceedings.

2. Section 48.428, stats., relating to sustaining care.

3. Section 48.43, stats., relating to court orders in TPR cases.

4. Section 48.831, stats., relating to appointment of a guardian for a child without a living parent for an adoptability finding.

5. Section 48.832, stats., relating to transfer of guardianship upon revocation of a guardian's license.

6. Section 48.839 (4) (a), stats., relating to transfer of guardianship of a child from a foreign jurisdiction if the guardian does not file a TPR or adoption petition.

7. Chapter 880, stats., the general guardianship chapter.

8. For a child adjudged CHIPS under 48.13 (1), stats., because the child is without a parent or guardian.

This Section adds a reference to s. 48.977, stats., as created in this bill, relating to the appointment of relatives as guardians for certain children in need of protection or services under certain circumstances.

275,28 Section 28 . 48.185 (1) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

48.185 (1) Venue Subject to sub. (2), venue for any proceeding under ss. 48.13, 48.135 and 48.14 (1) to (9) may be in any of the following: the county where the child resides, the county where the child is present or, in the case of a violation of a state law or a county, town or municipal ordinance, the county where the violation occurred. Venue for proceedings brought under subch. VIII is as provided in this subsection except where the child has been placed and is living outside the home of the child's parent pursuant to a dispositional order, in which case venue is as provided in sub. (2). Venue for a proceeding under s. 48.14 (10) is as provided in s. 801.50 (5s).

275,29 Section 29 . 48.185 (2) of the statutes is amended to read:

48.185 (2) In an action under s. 48.41, venue shall be in the county where the birth parent or child resides at the time that the petition is filed. Venue for any proceeding under s. 48.363 or, 48.365 or 48.977, or any other proceeding under subch. VIII when the child has been placed outside the home pursuant to a dispositional order under s. 48.345, shall be in the county where the dispositional order was issued, unless the child's county of residence has changed, or the parent of the child has resided in a different county of this state for 6 months. In either case, the court may, upon a motion and for good cause shown, transfer the case, along with all appropriate records, to the county of residence of the child or parent.

Note: Amends s. 48.185 (1) and (2), stats., to provide that venue for a guardianship proceeding as created by this bill is in the county where the CHIPS dispositional order was issued, unless the child's county of residence has changed or the child's parent has resided in a different county of this state for 6 months.

275,30 Section 30 . 48.205 (1) (b) of the statutes is amended to read:

48.205 (1) (b) Probable cause exists to believe that the parent, guardian or legal custodian of the child or other responsible adult is neglecting, refusing, unable or unavailable, unwilling or unable to provide adequate supervision and care and that services to ensure the child's safety and well-being are not available or would be inadequate; or

Note: Provides that, with respect to one of the possible criteria for holding a child in physical custody, there must be probable cause to believe that the child's parent, guardian or legal custodian or other responsible adult is neglecting, refusing, unable or unavailable to provide adequate supervision and care rather than being unavailable, unwilling or unable to do so.

275,31 Section 31 . 48.21 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

48.21 (1) (a) If a child who has been taken into custody is not released under s. 48.20, a hearing to determine whether the child shall continue to be held in custody under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or juvenile court commissioner within 24 48 hours of the time the decision to hold the child was made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing a petition under s. 48.25 shall be filed, except that no petition need be filed where a child is taken into custody under s. 48.19 (1) (b) or (d) 2. or 7. or where the child is a runaway from another state, in which case a written statement of the reasons for holding a child in custody shall be substituted if the petition is not filed. If no hearing has been held within 24 48 hours, excluding Saturdays, Sundays and legal holidays, or if no petition or statement has been filed at the time of the hearing, the child shall be released except as provided in par. (b). A parent not present at the hearing shall be granted a rehearing upon request.

Note: Provides that a detention hearing must be held within 48 hours, excluding Saturdays, Sundays and legal holidays, after the decision was made to hold the child, rather than 24 hours, excluding Saturdays, Sundays and legal holidays.

275,32 Section 32 . 48.21 (1) (b) of the statutes is amended to read:

48.21 (1) (b) If no petition has been filed by the time of the hearing, a child may be held in custody with approval of the judge or juvenile court commissioner for an additional 48 72 hours from the time of the hearing, excluding Saturdays, Sundays and legal holidays, only if, as a result of the facts brought forth at the hearing, the judge or juvenile court commissioner determines that probable cause exists to believe that the child is an imminent danger to himself or herself or to others, or that probable cause exists to believe that the parent, guardian or legal custodian of the child or other responsible adult is unwilling neglecting, refusing, unable or unavailable to provide adequate supervision and care. The extension may be granted only once for any petition. In the event of failure to file a petition within the 48-hour extension period provided for in this paragraph, the judge or juvenile court commissioner shall order the child's immediate release from custody.

Note: Expands the 48-hour extension period to a 72-hour extension period, excluding Saturdays, Sundays and legal holidays.