AB463-ASA1,71,117
48.345
(2) Place the child under supervision of an agency, the department, if
8the department approves, or a suitable adult, including a friend of the child, under
9conditions prescribed by the judge including reasonable rules for the child's conduct,
10designed for the physical, mental and moral well-being and behavior of the child
11and, if applicable, for the physical well-being of the child's unborn child.
AB463-ASA1,71,1813
48.345
(2m) Place the child in the child's home under the supervision of an
14agency or the department, if the department approves, and order the agency or
15department to provide specified services to the child and the child's family, which
16may include but are not limited to individual, family or
, group counseling,
17homemaker or parent aide services, respite care, housing assistance, day care
or 18parent skills training
or prenatal development training or education.
AB463-ASA1,71,2220
48.345
(13) (c) Payment for the court ordered treatment or education under this
21subsection in counties that have
a pilot an alcohol and other drug abuse program
22under s. 48.547 shall be in accordance with s. 48.361.
AB463-ASA1,72,1324
48.345
(14) (a) If, based on an evaluation under s. 48.295 and the report under
25s. 48.33, the judge finds that the child expectant mother of an unborn child in need
1of protection or services is in need of inpatient treatment for her habitual lack of
2self-control in the use of alcohol, controlled substances or controlled substance
3analogs, exhibited to a severe degree, that inpatient treatment is appropriate for the
4child expectant mother's needs and that inpatient treatment is the least restrictive
5treatment consistent with the child expectant mother's needs, the judge may order
6the child expectant mother to enter an inpatient alcohol or other drug abuse
7treatment program at an inpatient facility, as defined in s. 51.01 (10). The inpatient
8facility shall, under the terms of a service agreement between the county and the
9inpatient facility, or with the written and informed consent of the child expectant
10mother or the child expectant mother's parent if the child expectant mother has not
11attained the age of 12, report to the agency primarily responsible for providing
12services to the child expectant mother as to whether the child expectant mother is
13cooperating with the treatment and whether the treatment appears to be effective.
AB463-ASA1,72,1514
(b) Payment for any treatment ordered under par. (a) shall be in accordance
15with s. 48.361.
AB463-ASA1,72,2017
48.345
(15) If it appears that an unborn child in need of protection or services
18may be born during the period of the dispositional order, the judge may order that
19the child, when born, be provided with any services or care that may be ordered for
20a child in need of protection or services under this section.
AB463-ASA1,73,7
2248.347 Disposition of unborn child of adult expectant mother
23adjudged in need of protection or services. If the judge finds that the unborn
24child of an adult expectant mother is in need of protection or services, the judge shall
25enter an order deciding one or more of the dispositions of the case as provided in this
1section under a care and treatment plan, except that the order may not place any
2adult expectant mother of an unborn child not specifically found under ch. 51, 55 or
3880 to be developmentally disabled or mentally ill in a facility which exclusively
4treats those categories of individuals. If the judge finds that the unborn child of a
5child expectant mother is in need of protection or services, the judge shall enter an
6order deciding one or more of the dispositions of the case as provided in s. 48.345
7under a care and treatment plan. The dispositions under this section are as follows:
AB463-ASA1,73,8
8(1) Counseling. Counsel the adult expectant mother.
AB463-ASA1,73,17
9(2) Supervision. Place the adult expectant mother under supervision of the
10county department, the department, if the department approves, or a suitable adult,
11including an adult relative or friend of the adult expectant mother, under conditions
12prescribed by the judge including reasonable rules for the adult expectant mother's
13conduct, designed for the physical well-being of the unborn child. An order under
14this paragraph may include an order to participate in mental health treatment,
15anger management, individual or family counseling or prenatal development
16training or education and to make a reasonable contribution, based on ability to pay,
17for the cost of those services.
AB463-ASA1,73,19
18(3) Placement. Designate one of the following as the placement for the adult
19expectant mother:
AB463-ASA1,73,2020
(a) The home of an adult relative or friend of the adult expectant mother.
AB463-ASA1,73,2121
(b) A community-based residential facility, as defined in s. 50.01 (1g).
AB463-ASA1,74,6
22(4) Special treatment or care. (a) If the adult expectant mother is in need of
23special treatment or care, as identified in an evaluation under s. 48.295 and the
24report under s. 48.33, the judge may order the adult expectant mother to obtain the
25special treatment or care. If the adult expectant mother fails or is financially unable
1to obtain the special treatment or care, the judge may order an appropriate agency
2to provide the special treatment or care. If a judge orders a county department under
3s. 51.42 or 51.437 to provide special treatment or care under this paragraph, the
4provision of that special treatment or care shall be subject to conditions specified in
5ch. 51. An order of special treatment or care under this paragraph may not include
6an order for the administration of psychotropic drugs.
AB463-ASA1,74,87
(b) Payment for any special treatment or care that relates to alcohol and other
8drug abuse services ordered under par. (a) shall be in accordance with s. 48.361.
AB463-ASA1,74,119
(c) Payment for any services provided under ch. 51 that are ordered under par.
10(a), other than alcohol and other drug abuse services, shall be in accordance with s.
1148.362.
AB463-ASA1,74,22
12(5) Alcohol or drug treatment or education. (a) If the report prepared under
13s. 48.33 (1) recommends that the adult expectant mother is in need of treatment for
14the use or abuse of alcohol beverages, controlled substances or controlled substance
15analogs and its medical, personal, family or social effects, the court may order the
16adult expectant mother to enter an outpatient alcohol and other drug abuse
17treatment program at an approved treatment facility. The approved treatment
18facility shall, under the terms of a service agreement between the county and the
19approved treatment facility, or with the written informed consent of the adult
20expectant mother, report to the agency primarily responsible for providing services
21to the adult expectant mother as to whether the adult expectant mother is
22cooperating with the treatment and whether the treatment appears to be effective.
AB463-ASA1,75,623
(b) If the report prepared under s. 48.33 (1) recommends that the adult
24expectant mother is in need of education relating to the use of alcohol beverages,
25controlled substances or controlled substance analogs, the court may order the adult
1expectant mother to participate in an alcohol or other drug abuse education program
2approved by the court. The person or agency that provides the education program
3shall, under the terms of a service agreement between the county and the education
4program, or with the written informed consent of the adult expectant mother, report
5to the agency primarily responsible for providing services to the adult expectant
6mother about the adult expectant mother's attendance at the program.
AB463-ASA1,75,97
(c) Payment for any treatment or education ordered under this subsection in
8counties that have an alcohol and other drug abuse program under s. 48.547 shall
9be in accordance with s. 48.361.
AB463-ASA1,75,23
10(6) Inpatient alcohol or drug treatment. (a) If, based on an evaluation under
11s. 48.295 and the report under s. 48.33, the judge finds that the adult expectant
12mother is in need of inpatient treatment for her habitual lack of self-control in the
13use of alcohol, controlled substances or controlled substance analogs, exhibited to a
14severe degree, that inpatient treatment is appropriate for the adult expectant
15mother's needs and that inpatient treatment is the least restrictive treatment
16consistent with the adult expectant mother's needs, the judge may order the adult
17expectant mother to enter an inpatient alcohol or other drug abuse treatment
18program at an inpatient facility, as defined in s. 51.01 (10). The inpatient facility
19shall, under the terms of a service agreement between the county and the inpatient
20facility, or with the written and informed consent of the adult expectant mother,
21report to the agency primarily responsible for providing services to the adult
22expectant mother as to whether the adult expectant mother is cooperating with the
23treatment and whether the treatment appears to be effective.
AB463-ASA1,75,2524
(b) Payment for any treatment ordered under par. (a) shall be in accordance
25with s. 48.361.
AB463-ASA1,76,4
1(7) Services for child when born. If it appears that the unborn child may be
2born during the period of the dispositional order, the judge may order that the child,
3when born, be provided any services or care that may be ordered for a child in need
4of protection or services under s. 48.345.
AB463-ASA1, s. 184
5Section
184. 48.35 (1) (b) (intro.) of the statutes is amended to read:
AB463-ASA1,76,96
48.35
(1) (b) (intro.) The disposition of a child
or an unborn child, and any record
7of evidence given in a hearing in court, shall not be admissible as evidence against
8the child
or the expectant mother of the unborn child in any case or proceeding in any
9other court except
as follows:
AB463-ASA1,76,1311
48.35
(1) (b) 1. In sentencing proceedings after
conviction the child or expectant
12mother has been convicted of a felony or misdemeanor and then only for the purpose
13of a presentence study and report
;.
AB463-ASA1,76,1615
48.35
(1) (b) 2. In a proceeding in any court assigned to exercise jurisdiction
16under this chapter and ch. 938
; or.
AB463-ASA1,76,2118
48.35
(2) Except as specifically provided in sub. (1), this section does not
19preclude the court from disclosing information to qualified persons if the court
20considers the disclosure to be in the best interests of the child
or unborn child or of
21the administration of justice.
AB463-ASA1,77,1323
48.355
(1) Intent. In any order under s. 48.345
or 48.347 the judge shall decide
24on a placement and treatment finding based on evidence submitted to the judge. The
25disposition shall employ those means necessary to maintain and protect the
child's
1well-being
of the child or unborn child which are the least restrictive of the rights
2of the parent
or and child
, of the rights of the parent and child expectant mother or
3of the rights of the adult expectant mother, and which assure the care, treatment or
4rehabilitation of the child and the family
, of the child expectant mother, the unborn
5child and the family or of the adult expectant mother and the unborn child, consistent
6with the protection of the public.
Whenever When appropriate, and, in cases of child
7abuse
and or neglect
or unborn child abuse, when it is consistent with the
child's best
8interest
of the child or unborn child in terms of physical safety and physical health
, 9the family unit shall be preserved and there shall be a policy of transferring custody
10of a child from the parent
or of placing an expectant mother outside of her home only
11where when there is no less drastic alternative. If there is no less drastic alternative
12for a child than transferring custody from the parent, the judge shall consider
13transferring custody to a relative whenever possible.
AB463-ASA1,77,2015
48.355
(2) (a) In addition to the order, the judge shall make written findings
16of fact and conclusions of law based on the evidence presented to the judge to support
17the disposition ordered, including findings as to the
child's condition and need for
18special treatment or care
of the child or expectant mother if an examination or
19assessment was conducted under s. 48.295. A finding may not include a finding that
20a child
or an expectant mother is in need of psychotropic medications.
AB463-ASA1,78,322
48.355
(2) (b) 1. The specific services or continuum of services to be provided
23to the child and family
, to the child expectant mother and family or to the adult
24expectant mother, the identity of the agencies which are to be primarily responsible
25for the provision of the services
mandated ordered by the judge, the identity of the
1person or agency who will provide case management or coordination of services, if
2any, and, if custody
of the child is to be transferred to effect the treatment plan, the
3identity of the legal custodian.
AB463-ASA1,78,135
48.355
(2) (b) 1m. A notice that the child's parent, guardian or legal custodian
6or, the child, if 14 years of age or over,
the expectant mother, if 14 years of age or over,
7or the unborn child by the unborn child's guardian ad litem may request an agency
8that is providing care or services for the child
or expectant mother or that has legal
9custody of the child to disclose to, or make available for inspection by, the parent,
10guardian, legal custodian
or, child
, expectant mother or unborn child by the unborn
11child's guardian ad litem the contents of any record kept or information received by
12the agency about the child
or expectant mother as provided in s. 48.78 (2) (ag)
and
13(aj).
AB463-ASA1,78,1715
48.355
(2) (b) 2m. If the adult expectant mother is placed outside her home, the
16name of the place or facility, including transitional placements, where the expectant
17mother shall be treated.
AB463-ASA1,78,2019
48.355
(2) (b) 7. A statement of the conditions with which the child
or expectant
20mother is required to comply.
AB463-ASA1,79,222
48.355
(2) (d) The court shall provide a copy of
the a dispositional order
relating
23to a child in need of protection or services to the child's parent, guardian or trustee.
24The court shall provide a copy of a dispositional order relating to an unborn child in
25need of protection or services to the expectant mother, to the unborn child through
1the unborn child's guardian ad litem and, if the expectant mother is a child, to her
2parent, guardian or trustee.
AB463-ASA1,79,94
48.355
(2m) Transitional placements. The court order may include the name
5of transitional placements, but may not designate a specific time when transitions
6are to take place. The procedures of ss. 48.357 and 48.363 shall govern when such
7transitions take place. However, the court may place specific time limitations on
8interim arrangements made for the care of the child
or for the treatment of the
9expectant mother pending the availability of the dispositional placement.
AB463-ASA1,79,1711
48.355
(4) Termination of orders. Except as provided under s. 48.368, all
12orders under this section shall terminate at the end of one year unless the judge
13specifies a shorter period of time. Except if s. 48.368 applies, extensions or revisions
14shall terminate at the end of one year unless the judge specifies a shorter period of
15time. Any order made before the child reaches the age of majority
or before the
16unborn child is born shall be effective for a time up to one year after its entry unless
17the judge specifies a shorter period of time.
AB463-ASA1,79,2119
48.355
(5) Effect of court order. Any party, person or agency who provides
20services for the child
or the expectant mother under this section shall be bound by
21the court order.
AB463-ASA1,80,223
48.355
(7) (title)
Orders applicable to parents, guardians, legal custodians,
24expectant mothers and other adults. In addition to any dispositional order entered
25under s. 48.345
or 48.347, the court may enter an order applicable to
a child's the
1parent, guardian or legal custodian
of a child, to a family member of an adult
2expectant mother or to another adult
, as provided under s. 48.45.
AB463-ASA1,80,124
48.356
(1) Whenever the court orders a child to be placed outside his or her
5home
, orders an expectant mother of an unborn child to be placed outside of her home 6or denies a parent visitation because the child
or unborn child has been adjudged to
7be in need of protection or services under s. 48.345,
48.347 48.357, 48.363 or 48.365,
8the court shall orally inform the parent or parents who appear in court
or the
9expectant mother who appears in court of any grounds for termination of parental
10rights under s. 48.415 which may be applicable and of the conditions necessary for
11the child
or expectant mother to be returned to the home or for the parent to be
12granted visitation.
AB463-ASA1,80,1714
48.356
(2) In addition to the notice required under sub. (1), any written order
15which places a child
or an expectant mother outside the home or denies visitation
16under sub. (1) shall notify the parent or parents
or expectant mother of the
17information specified under sub. (1).
AB463-ASA1,82,219
48.357
(1) The person or agency primarily responsible for implementing the
20dispositional order, the district attorney or the corporation counsel may request a
21change in the placement of the child
or expectant mother, whether or not the change
22requested is authorized in the dispositional order and shall cause written notice to
23be sent to the child
or the child's counsel or guardian ad litem,
the parent,
guardian
24and legal custodian of the child, any foster parent, treatment foster parent or other
25physical custodian described in s. 48.62 (2)
, guardian and legal custodian of the child,
1and, if the child is the expectant mother of an unborn child under s. 48.133, the
2unborn child by the unborn child's guardian ad litem. If the expectant mother is an
3adult, written notice shall be sent to the adult expectant mother and the unborn child
4by the unborn child's guardian ad litem. The notice shall contain the name and
5address of the new placement, the reasons for the change in placement, a statement
6describing why the new placement is preferable to the present placement and a
7statement of how the new placement satisfies objectives of the treatment plan
8ordered by the court. Any person receiving the notice under this subsection or notice
9of
the a specific
foster or treatment foster placement under s. 48.355 (2) (b) 2. may
10obtain a hearing on the matter by filing an objection with the court within 10 days
11of after receipt of the notice. Placements
shall may not be changed until 10 days after
12such that notice is sent to the court unless the parent, guardian or legal custodian
13and the child, if 12
or more years of age
or over, or the child expectant mother, if 12
14years of age or over, her parent, guardian or legal custodian and the unborn child by
15the unborn child's guardian ad litem, or the adult expectant mother and the unborn
16child by the unborn child's guardian ad litem, sign written waivers of objection,
17except that placement changes which were authorized in the dispositional order may
18be made immediately if notice is given as required in this subsection. In addition,
19a hearing is not required for placement changes authorized in the dispositional order
20except
where when an objection filed by a person who received notice alleges that new
21information is available which affects the advisability of the court's dispositional
22order. If a hearing is held under this subsection and the change in placement would
23remove a child from a foster home, treatment foster home or other placement with
24a physical custodian described in s. 48.62 (2), the court shall permit the foster parent,
25treatment foster parent or other physical custodian described in s. 48.62 (2) to make
1a written or oral statement during the hearing or to submit a written statement prior
2to the hearing, relating to the child and the requested change in placement.
AB463-ASA1,82,134
48.357
(2) If emergency conditions necessitate an immediate change in the
5placement of a child
or expectant mother placed outside the home, the person or
6agency primarily responsible for implementing the dispositional order may remove
7the child
or expectant mother to a new placement, whether or not authorized by the
8existing dispositional order, without the prior notice provided in sub. (1). The notice
9shall, however, be sent within 48 hours after the emergency change in placement.
10Any party receiving notice may demand a hearing under sub. (1). In emergency
11situations,
the a child may be placed in a licensed public or private shelter care
12facility as a transitional placement for not more than 20 days, as well as in any
13placement authorized under s. 48.345 (3).
AB463-ASA1,83,1815
48.357
(2m) The child, the parent, guardian or legal custodian of the child
, the
16expectant mother, the unborn child by the unborn child's guardian ad litem or any
17person or agency primarily bound by the dispositional order, other than the person
18or agency responsible for implementing the order, may request a change in
19placement under this subsection. The request shall contain the name and address
20of the place of the new placement requested and shall state what new information
21is available which affects the advisability of the current placement. This request
22shall be submitted to the court. In addition, the court may propose a change in
23placement on its own motion. The court shall hold a hearing on the matter prior to
24ordering any change in placement under this subsection if the request states that
25new information is available which affects the advisability of the current placement,
1unless written waivers of objection to the proposed change in placement are signed
2by all parties entitled to receive notice under sub. (1) and the court approves. If a
3hearing is scheduled, the court shall notify the child, the parent, guardian and legal
4custodian of the child, any foster parent, treatment foster parent or other physical
5custodian described in s. 48.62 (2) of the child
and, all parties who are bound by the
6dispositional order
and, if the child is the expectant mother of an unborn child under
7s. 48.133, the unborn child by the unborn child's guardian ad litem, or shall notify
8the adult expectant mother, the unborn child by the unborn child's guardian ad litem
9and all parties who are bound by the dispositional order, at least 3 days prior to the
10hearing. A copy of the request or proposal for the change in placement shall be
11attached to the notice. If all the parties consent, the court may proceed immediately
12with the hearing. If a hearing is held under this subsection and the change in
13placement would remove a child from a foster home, treatment foster home or other
14placement with a physical custodian described in s. 48.62 (2), the court shall permit
15the foster parent, treatment foster parent or other physical custodian described in
16s. 48.62 (2) to make a written or oral statement during the hearing or to submit a
17written statement prior to the hearing, relating to the child and the requested change
18in placement.
AB463-ASA1,84,220
48.36
(2) If
an expectant mother or a child whose legal custody has not been
21taken from a parent or guardian is given educational and social services, or medical,
22psychological or psychiatric treatment by order of the court, the cost
thereof of those
23services or treatment, if ordered by the court, shall be a charge upon the county. This
24section does not prevent recovery of reasonable contribution toward the costs from
25the parent or guardian of the child
or from an adult expectant mother as the court
1may order based on the ability of the parent
or
, guardian
or adult expectant mother 2to pay. This subsection
shall be is subject to s. 46.03 (18).
AB463-ASA1,84,54
48.361
(1) (b) Any special treatment or care that relates to alcohol or other drug
5abuse services ordered by a court under s. 48.345 (6) (a)
or 48.347 (4) (a).
AB463-ASA1,84,87
48.361
(1) (c) Any alcohol or other drug abuse treatment or education ordered
8by a court under s. 48.345 (6) (a)
or, (13)
or (14) or 48.347 (4) (a), (5) or (6) (a).
AB463-ASA1,84,2010
48.361
(2) (a) 1m. If an adult expectant mother neglects, refuses or is unable
11to obtain court-ordered alcohol and other drug abuse services for herself through her
12health insurance or other 3rd-party payments, the judge may order the adult
13expectant mother to pay for the court-ordered alcohol and drug abuse services. If
14the adult expectant mother consents to obtain court-ordered alcohol and other drug
15abuse services for herself through her health insurance or other 3rd-party payments
16but the health insurance provider or other 3rd-party payer refuses to provide the
17court-ordered alcohol and other drug abuse services, the court may order the health
18insurance provider or 3rd-party payer to pay for the court-ordered alcohol and other
19drug abuse services in accordance with the terms of the adult expectant mother's
20health insurance policy or other 3rd-party payment plan.
AB463-ASA1,84,2422
48.361
(2) (am) 1. If a court in a county that has
a pilot an alcohol or other drug
23abuse program under s. 48.547 finds that payment is not attainable under par. (a),
24the court may order payment in accordance with par. (b).
AB463-ASA1,85,4
148.361
(2) (am) 2. If a court in a county that does not have
a pilot an alcohol
2and other drug abuse program under s. 48.547 finds that payment is not attainable
3under par. (a), the court may order payment in accordance with s. 48.345 (6) (a)
,
448.347 (4) (a) or 48.36.
AB463-ASA1,85,116
48.361
(2) (b) 1. In counties that have
a pilot an alcohol and other drug abuse 7program under s. 48.547, in addition to using the alternative provided for under par.
8(a), the court may order a county department of human services established under
9s. 46.23 or a county department established under s. 51.42 or 51.437 in the child's
10county of legal residence to pay for the court-ordered alcohol and other drug abuse
11services whether or not custody has been taken from the parent.
AB463-ASA1,85,1813
48.361
(2) (b) 1m. In counties that have an alcohol and other drug abuse
14program under s. 48.547, in addition to using the alternative provided for under par.
15(a), the court may order a county department of human services established under
16s. 46.23 or a county department established under s. 51.42 or 51.437 in the adult
17expectant mother's county of legal residence to pay for the court-ordered alcohol and
18other drug abuse services provided for the adult expectant mother.
AB463-ASA1,86,220
48.361
(2) (c) Payment for alcohol and other drug abuse services by a county
21department under this section does not prohibit the county department from
22contracting with another county department or approved treatment facility for the
23provision of alcohol and other drug abuse services. Payment by the county under this
24section does not prevent recovery of reasonable contribution toward the costs of the
25court-ordered alcohol and other drug abuse services from the parent
or adult
1expectant mother which is based upon the ability of the parent
or adult expectant
2mother to pay. This subsection is subject to s. 46.03 (18).
AB463-ASA1,86,74
48.362
(2) This section applies to the payment of court-ordered special
5treatment or care under s. 48.345 (6) (a), whether or not custody has been taken from
6the parent
, and to the payment of court-ordered special treatment or care under s.
748.347 (4) (a).
AB463-ASA1,86,199
48.362
(3m) If an adult expectant mother neglects, refuses or is unable to
10obtain court-ordered special treatment or care for herself through her health
11insurance or other 3rd-party payments, the judge may order the adult expectant
12mother to pay for the court-ordered special treatment or care. If the adult expectant
13mother consents to obtain court-ordered special treatment or care for herself
14through her health insurance or other 3rd-party payments but the health insurance
15provider or other 3rd-party payer refuses to provide the court-ordered special
16treatment or care, the judge may order the health insurance provider or 3rd-party
17payer to pay for the court-ordered special treatment or care in accordance with the
18terms of the adult expectant mother's health insurance policy or other 3rd-party
19payment plan.