Amendment ASA1-AB463

AB463-ASA1,59,17 48.299 (4) (b) Except as provided in s. 901.05, neither common law nor statutory rules of evidence are binding at a hearing for a child held in custody under s. 48.21, a hearing for an adult expectant mother held in custody under s. 48.213, a runaway home hearing under s. 48.227 (4), a dispositional hearing, or a hearing about changes in placement, revision of dispositional orders, extension of dispositional orders or termination of guardianship orders entered under s. 48.977 (4) (h) 2. or (6). At those hearings, the court shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant or unduly repetitious testimony or evidence that is inadmissible under s. 901.05. Hearsay evidence may be admitted if it has demonstrable circumstantial guarantees of trustworthiness. The court shall give effect to the rules of privilege recognized by law. The court shall apply the basic principles of relevancy, materiality and probative value to proof of all questions of fact. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record.

AB463-ASA1, s. 143 Section 143. 48.299 (5) of the statutes is amended to read:

AB463-ASA1,59,24 48.299 (5) On request of any party, unless good cause to the contrary is shown, any hearing under s. 48.209 (1) (e) or, 48.21 (1) or 48.213 (1) may be held on the record by telephone or live audio-visual means or testimony may be received by telephone or live audio-visual means as prescribed in s. 807.13 (2). The request and the showing of good cause for not conducting the hearing or admitting testimony by telephone or live audio-visual means may be made by telephone.

AB463-ASA1, s. 144 Section 144. 48.30 (1) of the statutes is amended to read:

AB463-ASA1,60,6 48.30 (1) Except as provided in this subsection, the hearing to determine whether any party wishes to contest an allegation that the child or unborn child is in need of protection or services shall take place on a date which allows reasonable time for the parties to prepare but is within 30 days after the filing of a petition for a child or an expectant mother who is not being held in secure custody or within 10 days after the filing of a petition for a child who is being held in secure custody.

AB463-ASA1, s. 145 Section 145. 48.30 (2) of the statutes is amended to read:

AB463-ASA1,60,17 48.30 (2) At the commencement of the hearing under this section the child and the parent, guardian or legal custodian, the child expectant mother, her parent, guardian or legal custodian and the unborn child through the unborn child's guardian ad litem or the adult expectant mother and the unborn child through the unborn child's guardian ad litem, shall be advised of their rights as specified in s. 48.243 and shall be informed that a request for a jury trial or for a substitution of judge under s. 48.29 must be made before the end of the plea hearing or be waived. Nonpetitioning parties, including the child, shall be granted a continuance of the plea hearing if they wish to consult with an attorney on the request for a jury trial or substitution of a judge.

AB463-ASA1, s. 146 Section 146. 48.30 (3) of the statutes is amended to read:

AB463-ASA1,61,2 48.30 (3) If a petition alleges that a child is in need of protection or services under s. 48.13 or that an unborn child of a child expectant mother is in need of protection or services under s. 48.133, the nonpetitioning parties and the child, if he or she is 12 years of age or older or is otherwise competent to do so, shall state whether they desire to contest the petition. If a petition alleges that an unborn child of an adult expectant mother is in need of protection or services under s. 48.133, the adult expectant mother of the unborn child shall state whether she desires to contest the petition.

AB463-ASA1, s. 147 Section 147. 48.30 (6) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

AB463-ASA1,61,20 48.30 (6) If a petition is not contested, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days from after the plea hearing for the a child who is held in secure custody and no more than 30 days from after the plea hearing for a child or an expectant mother who is not held in secure custody. If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent the court may proceed immediately with the dispositional hearing.

AB463-ASA1, s. 148 Section 148. 48.30 (7) of the statutes is amended to read:

AB463-ASA1,62,2 48.30 (7) If the petition is contested, the court shall set a date for the fact-finding hearing which allows reasonable time for the parties to prepare but is no more than 20 days from after the plea hearing for a child who is held in secure custody and no more than 30 days from after the plea hearing for a child or an expectant mother who is not held in secure custody.

AB463-ASA1, s. 149 Section 149. 48.30 (8) (a) of the statutes is amended to read:

AB463-ASA1,62,7 48.30 (8) (a) Address the parties present including the child or expectant mother personally and determine that the plea or admission is made voluntarily with understanding of the nature of the acts alleged in the petition and the potential dispositions.

AB463-ASA1, s. 150 Section 150. 48.30 (8) (c) of the statutes is amended to read:

AB463-ASA1,62,11 48.30 (8) (c) Make such inquiries as satisfactorily establishes that there is a factual basis for the parent's and child's plea or admission of the parent and child, of the parent and child expectant mother or of the adult expectant mother.

AB463-ASA1, s. 151 Section 151. 48.30 (9) of the statutes is amended to read:

AB463-ASA1,62,16 48.30 (9) If a court commissioner conducts the plea hearing and accepts an admission of the alleged facts in a petition brought under s. 48.13 or 48.133, the judge shall review the admission at the beginning of the dispositional hearing by addressing the parties and making the inquiries set forth in sub. (8).

AB463-ASA1, s. 152 Section 152. 48.305 of the statutes is amended to read:

AB463-ASA1,63,3 48.305 (title) Hearing upon the involuntary removal of a child or expectant mother. Notwithstanding other time periods for hearings under this chapter, if a child is removed from the physical custody of the child's parent or guardian under s. 48.19 (1) (c) or (cm) or (d) 5. or 8. without the consent of the parent or guardian or if an adult expectant mother is taken into custody under s. 48.193 (1) (c) or (d) 2. without the consent of the expectant mother, the court shall schedule a plea hearing and fact-finding hearing within 30 days of after a request from the parent or guardian from whom custody was removed or from the adult expectant mother who was taken into custody. The plea hearing and fact-finding hearing may be combined. This time period may be extended only with the consent of the requesting parent or, guardian or expectant mother.

AB463-ASA1, s. 153 Section 153. 48.31 (1) of the statutes is amended to read:

AB463-ASA1,63,7 48.31 (1) In this section, "fact-finding hearing" means a hearing to determine if the allegations in a petition under s. 48.13 or 48.133 or a petition to terminate parental rights are proved by clear and convincing evidence.

AB463-ASA1, s. 154 Section 154. 48.31 (2) of the statutes is amended to read:

AB463-ASA1,64,4 48.31 (2) The hearing shall be to the court unless the child, the child's parent, guardian or legal custodian, the unborn child by the unborn child's guardian ad litem or the expectant mother of the unborn child exercises the right to a jury trial by demanding a jury trial at any time before or during the plea hearing. If a jury trial is demanded in a proceeding under s. 48.13 or 48.133, the jury shall consist of 6 persons. If a jury trial is demanded in a proceeding under s. 48.42, the jury shall consist of 12 persons unless the parties agree to a lesser number. Chapters 756 and 805 shall govern the selection of jurors. If the hearing involves a child victim or witness, as defined in s. 950.02, the court may order the taking and allow the use of a videotaped deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court or jury shall make a determination of the facts, except that in a case alleging a child or an unborn child to be in need of protection or services under s. 48.13 or 48.133, the court shall make the determination under s. 48.13 (intro.) or 48.133 (intro.) relating to whether the child or unborn child is in need of protection or services which can be ordered by the court. If the court finds that the child or unborn child is not within the jurisdiction of the court or, in a case alleging a child or an unborn child to be in need of protection or services under s. 48.13 or 48.133, that the child or unborn child is not in need of protection or services which can be ordered by the court or if the court or jury finds that the facts alleged in the petition have not been proved, the court shall dismiss the petition with prejudice.

AB463-ASA1, s. 155 Section 155. 48.31 (4) of the statutes is amended to read:

AB463-ASA1,64,25 48.31 (4) The court or jury shall make findings of fact and the court shall make conclusions of law relating to the allegations of a petition filed under s. 48.13, 48.133 or 48.42, except that the court shall make findings of fact relating to whether the child or unborn child is in need of protection or services which can be ordered by the court. In cases alleging a child to be in need of protection or services under s. 48.13 (11), the court shall may not find that the child is suffering emotional damage unless a licensed physician specializing in psychiatry or a licensed psychologist appointed by the court to examine the child has testified at the hearing that in his or her opinion the condition exists, and adequate opportunity for the cross-examination of the physician or psychologist has been afforded. The judge may use the written reports if the right to have testimony presented is voluntarily, knowingly and intelligently waived by the guardian ad litem or legal counsel for the child and the parent or guardian. In cases alleging a child to be in need of protection or services under s. 48.13 (11m) or an unborn child to be in need of protection or services under s. 48.133, the court shall may not find that the child or the expectant mother of the unborn child is in need of treatment and education for needs and problems related to the use or abuse of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects unless an assessment for alcohol and other drug abuse that conforms to the criteria specified under s. 48.547 (4) has been conducted by an approved treatment facility.

AB463-ASA1, s. 156 Section 156. 48.31 (7) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

AB463-ASA1,65,18 48.31 (7) At the close of the fact-finding hearing, the court shall set a date for the dispositional hearing which allows a reasonable time for the parties to prepare but is no more than 10 days from after the fact-finding hearing for a child in secure custody and no more than 30 days from after the fact-finding hearing for a child or expectant mother who is not held in secure custody. If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may immediately proceed with a dispositional hearing.

AB463-ASA1, s. 157 Section 157. 48.315 (1) (a) of the statutes is amended to read:

AB463-ASA1,65,24 48.315 (1) (a) Any period of delay resulting from other legal actions concerning the child or the unborn child and the unborn child's expectant mother, including an examination under s. 48.295 or a hearing related to the child's mental condition of the child, the child's parent, guardian or legal custodian or the expectant mother, prehearing motions, waiver motions and hearings on other matters.

AB463-ASA1, s. 158 Section 158. 48.315 (1) (b) of the statutes is amended to read:

AB463-ASA1,66,3 48.315 (1) (b) Any period of delay resulting from a continuance granted at the request of or with the consent of the child and his or her counsel or of the unborn child by the unborn child's guardian ad litem.

AB463-ASA1, s. 159 Section 159. 48.315 (1) (f) of the statutes is amended to read:

AB463-ASA1,66,6 48.315 (1) (f) Any period of delay resulting from the absence or unavailability of the child or expectant mother.

AB463-ASA1, s. 160 Section 160. 48.32 (1) of the statutes is amended to read:

AB463-ASA1,66,22 48.32 (1) At any time after the filing of a petition for a proceeding relating to s. 48.13 or 48.133 and before the entry of judgment, the judge or juvenile court commissioner may suspend the proceedings and place the child or expectant mother under supervision in the child's own home or present placement of the child or expectant mother. The court may establish terms and conditions applicable to the child and the child's parent, guardian or legal custodian, and to the child to the child expectant mother and her parent, guardian or legal custodian or to the adult expectant mother. The order under this section shall be known as a consent decree and must be agreed to by the child if 12 years of age or older;, the parent, guardian or legal custodian;, and the person filing the petition under s. 48.25; by the child expectant mother, her parent, guardian or legal custodian, the unborn child by the unborn child's guardian ad litem and the person filing the petition under s. 48.25; or by the adult expectant mother, the unborn child by the unborn child's guardian ad litem and the person filing the petition under s. 48.25. The consent decree shall be reduced to writing and given to the parties.

AB463-ASA1, s. 161 Section 161. 48.32 (2) (a) of the statutes is amended to read:

AB463-ASA1,67,3 48.32 (2) (a) A consent decree shall remain in effect up to 6 months unless the child, parent, guardian or, legal custodian or expectant mother is discharged sooner by the judge or juvenile court commissioner.

AB463-ASA1, s. 162 Section 162. 48.32 (2) (c) of the statutes is amended to read:

AB463-ASA1,67,16 48.32 (2) (c) Upon the motion of the court or the application of the child, parent, guardian, legal custodian, expectant mother, unborn child by the unborn child's guardian ad litem, intake worker or any agency supervising the child or expectant mother under the consent decree, the court may, after giving notice to the parties to the consent decree and their counsel or guardian ad litem, if any, extend the decree for up to an additional 6 months in the absence of objection to extension by the parties to the initial consent decree. If the child, parent, guardian or, legal custodian, expectant mother or unborn child by the unborn child's guardian ad litem objects to the extension, the judge shall schedule a hearing and make a determination on the issue of extension. An extension under this paragraph of a consent decree relating to an unborn child who is alleged to be in need of protection or services may be granted after the child is born.

AB463-ASA1, s. 163 Section 163. 48.32 (3) of the statutes is amended to read:

AB463-ASA1,67,24 48.32 (3) If, prior to discharge by the court, or the expiration of the consent decree, the court finds that the child or, parent, legal guardian or, legal custodian or expectant mother has failed to fulfill the express terms and conditions of the consent decree or that the child or expectant mother objects to the continuation of the consent decree, the hearing under which the child or expectant mother was placed on supervision may be continued to conclusion as if the consent decree had never been entered.

AB463-ASA1, s. 164 Section 164. 48.32 (5) (intro.) of the statutes is amended to read:

AB463-ASA1,68,5 48.32 (5) (intro.)  A court which, under this section, elicits or examines information or material about a child or an expectant mother which would be inadmissible in a hearing on the allegations of the petition shall may not, over objections of one of the parties, participate in any subsequent proceedings if any of the following applies:

AB463-ASA1, s. 165 Section 165. 48.32 (5) (a) of the statutes is amended to read:

AB463-ASA1,68,10 48.32 (5) (a) The court refuses to enter into a consent decree and the allegations in the petition remain to be decided in a hearing where at which one of the parties denies the allegations forming the basis for a child or unborn child in need of protection or services petition; or.

AB463-ASA1, s. 166 Section 166. 48.32 (5) (b) of the statutes is amended to read:

AB463-ASA1,68,13 48.32 (5) (b) A consent decree is granted but the petition under s. 48.13 or 48.133 is subsequently reinstated.

AB463-ASA1, s. 167 Section 167. 48.32 (6) of the statutes is amended to read:

AB463-ASA1,68,20 48.32 (6) The judge or juvenile court commissioner shall inform the child and the child's parent, guardian or legal custodian, or the adult expectant mother, in writing, of the child's right of the child or expectant mother to object to the continuation of the consent decree under sub. (3) and the fact that the hearing under which the child or expectant mother was placed on supervision may be continued to conclusion as if the consent decree had never been entered.

AB463-ASA1, s. 168 Section 168. 48.33 (1) (intro.) of the statutes is amended to read:

AB463-ASA1,68,25 48.33 (1) Report required. (intro.) Before the disposition of a child or unborn child adjudged to be in need of protection or services the court shall designate an agency, as defined in s. 48.38 (1) (a), to submit a report which shall contain all of the following:

AB463-ASA1, s. 169 Section 169. 48.33 (1) (a) of the statutes is amended to read:

AB463-ASA1,69,3 48.33 (1) (a) The social history of the child or of the expectant mother of the unborn child.

AB463-ASA1, s. 170 Section 170. 48.33 (1) (b) of the statutes is amended to read:

AB463-ASA1,69,11 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 child's physical safety and physical health of the child or unborn child and a description of a plan for controlling the risks.

AB463-ASA1, s. 171 Section 171. 48.33 (1) (c) of the statutes is amended to read:

AB463-ASA1,69,19 48.33 (1) (c) A description of the specific services or continuum of services which the agency is recommending that the court order for the child or family or for the expectant mother of the unborn child, the persons or agencies that would be primarily responsible for providing those services, and the identity of the person or agency that would provide case management or coordination of services , if any or, and, in the case of a child adjudged to be in need of protection or services, whether or not the child should receive an integrated service plan.

AB463-ASA1, s. 172 Section 172. 48.33 (1) (d) of the statutes is amended to read:

AB463-ASA1,69,23 48.33 (1) (d) A statement of the objectives of the plan, including any desired behavior changes desired of the child or expectant mother and the academic, social and vocational skills needed by the child or the expectant mother.

AB463-ASA1, s. 173 Section 173. 48.33 (1) (f) of the statutes is amended to read:

AB463-ASA1,70,5 48.33 (1) (f) If the agency is recommending that the court order the child's parent, guardian or legal custodian or the expectant mother to participate in mental health treatment, anger management, individual or family counseling or parent or prenatal development training and education, a statement as to the availability of those services and as to the availability of funding for those services.

AB463-ASA1, s. 174 Section 174. 48.33 (2) of the statutes is amended to read:

AB463-ASA1,70,10 48.33 (2) Home placement reports. A report recommending that the child remain in his or her home or that the expectant mother remain in her home may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record.

AB463-ASA1, s. 175 Section 175. 48.33 (4) (intro.) of the statutes is amended to read:

AB463-ASA1,70,16 48.33 (4) Other out-of-home placements. (intro.) A report recommending placement of an adult expectant mother outside of her home shall be in writing. A report recommending placement of a child in a foster home, treatment foster home, group home or child caring institution shall be in writing and shall include all of the following:

AB463-ASA1, s. 176 Section 176. 48.335 (1) of the statutes is amended to read:

AB463-ASA1,70,20 48.335 (1) The court shall conduct a hearing to determine the disposition of a case in which a child is adjudged to be in need of protection or services under s. 48.13 or an unborn child is adjudged to be in need of protection or services under s. 48.133.

AB463-ASA1, s. 177 Section 177. 48.345 (intro.) of the statutes is amended to read:

AB463-ASA1,71,5 48.345 (title) Disposition of child or unborn child of child expectant mother adjudged in need of protection or services. (intro.) If the judge finds that the child is in need of protection or services or that the unborn child of a child expectant mother is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan, except that the order may not place any child not specifically found under chs. 46, 49, 51, 115 and 880 to be developmentally disabled, mentally ill or to have exceptional educational needs in facilities which exclusively treat those categories of children. The dispositions under this section are as follows:

AB463-ASA1, s. 178 Section 178. 48.345 (2) of the statutes is amended to read:

AB463-ASA1,71,11 48.345 (2) Place the child under supervision of an agency, the department, if the department approves, or a suitable adult, including a friend of the child, under conditions prescribed by the judge including reasonable rules for the child's conduct, designed for the physical, mental and moral well-being and behavior of the child and, if applicable, for the physical well-being of the child's unborn child.

AB463-ASA1, s. 179 Section 179. 48.345 (2m) of the statutes is amended to read:

AB463-ASA1,71,18 48.345 (2m) Place the child in the child's home under the supervision of an agency or the department, if the department approves, and order the agency or department to provide specified services to the child and the child's family, which may include but are not limited to individual, family or, group counseling, homemaker or parent aide services, respite care, housing assistance, day care or parent skills training or prenatal development training or education.

AB463-ASA1, s. 180 Section 180. 48.345 (13) (c) of the statutes is amended to read:

AB463-ASA1,71,22 48.345 (13) (c) Payment for the court ordered treatment or education under this subsection in counties that have a pilot an alcohol and other drug abuse program under s. 48.547 shall be in accordance with s. 48.361.

AB463-ASA1, s. 181 Section 181. 48.345 (14) of the statutes is created to read:

AB463-ASA1,72,13 48.345 (14) (a) If, based on an evaluation under s. 48.295 and the report under s. 48.33, the judge finds that the child expectant mother of an unborn child in need of protection or services is in need of inpatient treatment for her habitual lack of self-control in the use of alcohol, controlled substances or controlled substance analogs, exhibited to a severe degree, that inpatient treatment is appropriate for the child expectant mother's needs and that inpatient treatment is the least restrictive treatment consistent with the child expectant mother's needs, the judge may order the child expectant mother to enter an inpatient alcohol or other drug abuse treatment program at an inpatient facility, as defined in s. 51.01 (10). The inpatient facility shall, under the terms of a service agreement between the county and the inpatient facility, or with the written and informed consent of the child expectant mother or the child expectant mother's parent if the child expectant mother has not attained the age of 12, report to the agency primarily responsible for providing services to the child expectant mother as to whether the child expectant mother is cooperating with the treatment and whether the treatment appears to be effective.

AB463-ASA1,72,15 (b) Payment for any treatment ordered under par. (a) shall be in accordance with s. 48.361.

AB463-ASA1, s. 182 Section 182. 48.345 (15) of the statutes is created to read:

AB463-ASA1,72,20 48.345 (15) If it appears that an unborn child in need of protection or services may be born during the period of the dispositional order, the judge may order that the child, when born, be provided with any services or care that may be ordered for a child in need of protection or services under this section.

AB463-ASA1, s. 183 Section 183. 48.347 of the statutes is created to read:

AB463-ASA1,73,7 48.347 Disposition of unborn child of adult expectant mother adjudged in need of protection or services. If the judge finds that the unborn child of an adult expectant mother is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan, except that the order may not place any adult expectant mother of an unborn child not specifically found under ch. 51, 55 or 880 to be developmentally disabled or mentally ill in a facility which exclusively treats those categories of individuals. If the judge finds that the unborn child of a child expectant mother is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in s. 48.345 under a care and treatment plan. The dispositions under this section are as follows:

AB463-ASA1,73,8 (1) Counseling. Counsel the adult expectant mother.

AB463-ASA1,73,17 (2) Supervision. Place the adult expectant mother under supervision of the county department, the department, if the department approves, or a suitable adult, including an adult relative or friend of the adult expectant mother, under conditions prescribed by the judge including reasonable rules for the adult expectant mother's conduct, designed for the physical well-being of the unborn child. An order under this paragraph may include an order to participate in mental health treatment, anger management, individual or family counseling or prenatal development training or education and to make a reasonable contribution, based on ability to pay, for the cost of those services.

AB463-ASA1,73,19 (3) Placement. Designate one of the following as the placement for the adult expectant mother:

AB463-ASA1,73,20 (a) The home of an adult relative or friend of the adult expectant mother.

AB463-ASA1,73,21 (b) A community-based residential facility, as defined in s. 50.01 (1g).