Amendment SA2-AB463

AB463-SA2,16,14 30. Page 100, line 3: delete "an expectant" and substitute "the parent, guardian or legal custodian of a child expectant".

AB463-SA2,16,16 31. Page 100, line 4: after ", if" insert "requested by an expectant mother of an unborn child who is the subject of a law enforcement officer's report, if".

AB463-SA2,16,17 32. Page 100, line 6: after "the" insert "parent, guardian, legal custodian,".

AB463-SA2,16,19 33. Page 100, line 14: delete "an" and substitute "the parent, guardian or legal custodian of a child".

AB463-SA2,16,22 34. Page 100, line 16: delete that line and substitute "report, or of an expectant mother of an unborn child who is the subject of a law enforcement officer's report, if".

AB463-SA2,16,23 35. Page 100, line 17: after "age" insert "or over".

AB463-SA2,16,24 36. Page 100, line 19: delete "expectant".

AB463-SA2,17,2 37. Page 100, line 20: delete that line and substitute "parent, guardian, legal custodian or expectant mother, and unborn child by the unborn".

AB463-SA2,17,4 38. Page 100, line 23: delete "an expectant" and substitute "the parent, guardian or legal custodian of a child expectant".

AB463-SA2,17,6 39. Page 100, line 24: after "(a)," insert "upon request of an expectant mother of an unborn child who is the subject of a record of a court specified in par. (a),".

AB463-SA2,17,8 40. Page 101, line 1: on lines 1 and 4, delete "expectant mother or by the" and substitute "parent, guardian, legal custodian, expectant mother or".

AB463-SA2,17,10 41. Page 101, line 7: delete "an expectant" and substitute "the parent, guardian or legal custodian of a child expectant".

AB463-SA2,17,12 42. Page 101, line 8: after "(a)" insert ", or of an expectant mother of an unborn child who is the subject of a record of a court specified in par. (a),".

AB463-SA2,17,13 43. Page 101, line 9: delete that line and substitute "of age or over,".

AB463-SA2,17,15 44. Page 101, line 12: delete that line and substitute "identified by the parent, guardian, legal custodian or expectant mother, and".

AB463-SA2,17,16 45. Page 103, line 4: delete lines 4 to 14 and substitute:

AB463-SA2,17,18 " Section 234m. 48.415 (2) (c) of the statutes, as affected by 1997 Wisconsin Act 80, is amended to read:

AB463-SA2,18,2 48.415 (2) (c) That the child has been outside the home for a cumulative total period of 6 months or longer pursuant to such orders not including time spent outside the home as an unborn child; and that the parent has failed to meet the conditions established for the return of the child to the home and there is a substantial likelihood that the parent will not meet these conditions within the 12-month period following the fact-finding hearing under s. 48.424.

AB463-SA2, s. 235m Section 235m. 48.44 (1) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB463-SA2,18,7 48.44 (1) The court has jurisdiction over persons 17 years of age or older as provided under ss. 48.133, 48.355 (4) and 48.45 and as otherwise specifically provided in this chapter.".

AB463-SA2,18,8 46. Page 104, line 21: delete lines 21 to 25.

AB463-SA2,18,9 47. Page 105, line 1: delete lines 1 to 4 and substitute:

AB463-SA2,18,11 " Section 240m. 48.46 (1) of the statutes, as affected by 1997 Wisconsin Acts 104 and 114, is repealed and recreated to read:

AB463-SA2,18,18 48.46 (1) Except as provided in subs. (1m), (2) and (3), the child whose status is adjudicated by the court, the parent, guardian or legal custodian of that child, the unborn child whose status is adjudicated by the court or the expectant mother of that unborn child may at any time within one year after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing.".

AB463-SA2,18,19 48. Page 105, line 16: after that line insert:

AB463-SA2,18,21 " Section 242g. 48.48 (17) (a) 1. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,19,6 48.48 (17) (a) 1. Investigate the conditions surrounding nonmarital children and, children in need of protection or services and unborn children in need of protection or services within the county and to take every reasonable action within its power to secure for them the full benefit of all laws enacted for their benefit. Unless provided by another agency, the department shall offer social services to the caretaker of any child, and to the expectant mother of any unborn child, who is referred to it the department under the conditions specified in this subdivision. This duty shall be discharged in cooperation with the court and with the public officers or boards legally responsible for the administration and enforcement of these laws.

AB463-SA2, s. 242m Section 242m. 48.48 (17) (a) 2. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,19,16 48.48 (17) (a) 2. Accept legal custody of children transferred to it by the court under s. 48.355, to accept supervision over expectant mothers of unborn children who are placed under its supervision under s. 48.355 and to provide special treatment and care for children and expectant mothers if ordered by the court and if providing special treatment and care is not the responsibility of the county department under s. 46.215, 51.42 or 51.437. A court may not order the department to administer psychotropic medications to children and expectant mothers who receive special treatment or care under this subdivision.

AB463-SA2, s. 242p Section 242p. 48.48 (17) (a) 3. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,20,5 48.48 (17) (a) 3. Provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing the children in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them those children by licensed child welfare agencies, except that the department may not purchase the educational component of private day treatment programs unless the department, the school board as defined in s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

AB463-SA2, s. 242r Section 242r. 48.48 (17) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,20,10 48.48 (17) (b) In performing the functions specified in par. (a), the department may avail itself of the cooperation of any individual or private agency or organization interested in the social welfare of children and unborn children in the county.".

AB463-SA2,20,11 49. Page 109, line 3: delete lines 3 to 16 and substitute:

AB463-SA2,20,13 " Section 253m. 48.57 (1) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,21,2 48.57 (1) (c) To provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing the those children in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them those children by licensed child welfare agencies, except that the county department shall may not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.".

AB463-SA2,21,3 50. Page 110, line 1: delete lines 1 to 17 and substitute:

AB463-SA2,21,5 " Section 256m. 48.59 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,21,23 48.59 (1) The county department or, in a county having a population of 500,000 or more, the department or an agency under contract with the department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under s. 48.345 and of every expectant mother of an unborn child placed under its supervision under s. 48.347 and make any physical or mental examinations of the child or expectant mother considered necessary to determine the type of care necessary for the child or expectant mother. The county department, department or agency shall screen a child or expectant mother who is examined under this subsection to determine whether the child or expectant mother is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department, department or agency shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child or expectant mother, the results of all tests and examinations given the child or expectant mother and a complete history of all placements of the child while in the legal custody or under the supervision of the county department, department or agency or of the expectant mother while under the supervision of the county department, department or agency.".

AB463-SA2,22,2 51. Page 110, line 25: delete "an" and substitute "a parent, guardian or legal custodian of a child".

AB463-SA2,22,4 52. Page 111, line 1: after "record," insert "upon the request of an expectant mother of an unborn child who is the subject of the record,".

AB463-SA2,22,5 53. Page 111, line 2: after "to the" insert "parent, guardian, legal custodian,".

AB463-SA2,22,6 54. Page 111, line 4: after "by the" insert "parent, guardian, legal custodian,".

AB463-SA2,22,10 55. Page 111, line 10: delete lines 10 and 11 and substitute "the parent, guardian or legal custodian of a child expectant mother of an unborn child who is the subject of the record, or of an expectant mother of an unborn child who is the subject of the record, if 14 years of age or over,".

AB463-SA2,22,12 56. Page 111, line 13: delete that line and substitute "in the permission if the parent, guardian, legal custodian or expectant mother, and".

AB463-SA2,22,13 57. Page 111, line 14: delete "litem" and substitute "litem,".

AB463-SA2,22,14 58. Page 114, line 24: delete that line.

AB463-SA2,22,15 59. Page 115, line 1: delete lines 1 to 9 and substitute:

AB463-SA2,22,17 " Section 266m. 48.981 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,23,9 48.981 (3) (a) Referral of report. A person required to report under sub. (2) shall immediately inform, by telephone or personally, 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 or the sheriff or city, village or town police department of the facts and circumstances contributing to a suspicion of child abuse or neglect or of unborn child abuse or to a belief that abuse or neglect will occur. The sheriff or police department shall within 12 hours, exclusive of Saturdays, Sundays or legal holidays, refer to 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 all cases reported to it. The county department, department or licensed child welfare agency may require that a subsequent report be made in writing. Each county department, the department and a licensed child welfare agency under contract with the department shall adopt a written policy specifying the kinds of reports it will routinely report to local law enforcement authorities.".

AB463-SA2,23,10 60. Page 117, line 3: delete lines 3 to 25.

AB463-SA2,23,11 61. Page 118, line 1: delete lines 1 to 12 and substitute:

AB463-SA2,23,13 " Section 274m. 48.981 (3) (c) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,24,13 48.981 (3) (c) 1. Within 24 hours after receiving a report under par. (a), the agency shall, in accordance with the authority granted to the department under s. 48.48 (17) (a) 1. or the county department under s. 48.57 (1) (a), initiate a diligent investigation to determine if the child or unborn child is in need of protection or services. The investigation shall be conducted in accordance with standards established by the department for conducting child abuse and neglect investigations or unborn child abuse investigations. If the investigation is of a report of child abuse or neglect or of child threatened abuse or neglect by a caregiver specified in sub. (1) (am) 5. to 8. who continues to have access to the child or a caregiver specified in sub. (1) (am) 1. to 4., or of a report that does not disclose who is suspected of the child abuse or neglect and in which the investigation does not disclose who abused or neglected the child, the investigation shall also include observation of or an interview with the child, or both, and, if possible, an interview with the child's parents, guardian or legal custodian. If the investigation is of a report of child abuse or neglect or threatened child abuse or neglect by a caregiver who continues to reside in the same dwelling as the child, the investigation shall also include, if possible, a visit to that dwelling. At the initial visit to the child's dwelling, the person making the investigation shall identify himself or herself and the agency involved to the child's parents, guardian or legal custodian. The agency may contact, observe or interview the child at any location without permission from the child's parent, guardian or legal custodian if necessary to determine if the child is in need of protection or services, except that the person making the investigation may enter a child's dwelling only with permission from the child's parent, guardian or legal custodian or after obtaining a court order to do so.

AB463-SA2, s. 275m Section 275m. 48.981 (3) (c) 2m. of the statutes is created to read:

AB463-SA2,24,22 48.981 (3) (c) 2m. a. If the person making the investigation is an employe 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 best interest of the unborn child in terms of physical safety and physical health to take the expectant mother into custody for the immediate protection of the unborn child, he or she shall take the expectant mother into custody under s. 48.08 (2), 48.19 (1) (cm) or 48.193 (1) (c) and deliver the expectant mother to the intake worker under s. 48.20 or 48.203.".

AB463-SA2,24,23 62. Page 118, line 20: delete lines 20 to 25.

AB463-SA2,24,24 63. Page 119, line 1: delete lines 1 to 25.

AB463-SA2,25,1 64. Page 120, line 1: delete lines 1 to 24.

AB463-SA2,25,2 65. Page 121, line 1: delete lines 1 to 25.

AB463-SA2,25,3 66. Page 122, line 1: delete lines 1 to 15 and substitute:

AB463-SA2,25,5 " Section 276m. 48.981 (3) (c) 3. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,25,18 48.981 (3) (c) 3. If 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 determines that a child, any member of the child's family or the child's guardian or legal custodian is in need of services or that the expectant mother of an unborn child is in need of services, the county department, department or licensed child welfare agency shall offer to provide appropriate services or to make arrangements for the provision of services. If the child's parent, guardian or legal custodian or the expectant mother refuses to accept the services, the county department, department or licensed child welfare agency may request that a petition be filed under s. 48.13 alleging that the child who is the subject of the report or any other child in the home is in need of protection or services or that a petition be filed under s. 48.133 alleging that the unborn child who is the subject of the report is in need of protection or services.

AB463-SA2, s. 277m Section 277m. 48.981 (3) (c) 5. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,26,2 48.981 (3) (c) 5. The agency shall maintain a record of its actions in connection with each report it receives. The record shall include a description of the services provided to any child and to the parents, guardian or legal custodian of the child or to any expectant mother of an unborn child. The agency shall update the record every 6 months until the case is closed.

AB463-SA2, s. 278m Section 278m. 48.981 (3) (c) 6. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,26,8 48.981 (3) (c) 6. The agency shall, within 60 days after it receives a report from a person required under sub. (2) to report, inform the reporter what action, if any, was taken to protect the health and welfare of the child or unborn child who is the subject of the report.

AB463-SA2, s. 279m Section 279m. 48.981 (3) (c) 6m. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,27,2 48.981 (3) (c) 6m. If a person who is not required under sub. (2) to report makes a report and is a relative of the child, other than the child's parent, or is a relative of the expectant mother of the unborn child, that person may make a written request to the agency for information regarding what action, if any, was taken to protect the health and welfare of the child or unborn child who is the subject of the report. An agency that receives a written request under this subdivision shall, within 60 days after it receives the report or 20 days after it receives the written request, whichever is later, inform the reporter in writing of what action, if any, was taken to protect the health and welfare of the child or unborn child, unless a court order prohibits that disclosure, and of the duty to keep the information confidential under sub. (7) (e) and the penalties for failing to do so under sub. (7) (f). The agency may petition the court ex parte for an order prohibiting that disclosure and, if the agency does so, the time period within which the information must be disclosed is tolled on the date the petition is filed and remains tolled until the court issues a decision. The court may hold an ex parte hearing in camera and shall issue an order granting the petition if the court determines that disclosure of the information would not be in the best interests of the child or unborn child.

AB463-SA2, s. 280m Section 280m. 48.981 (3) (c) 7. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,27,17 48.981 (3) (c) 7. 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 shall cooperate with law enforcement officials, courts of competent jurisdiction, tribal governments and other human services agencies to prevent, identify and treat child abuse and neglect and unborn child abuse. 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 shall coordinate the development and provision of services to abused and neglected children and, to abused unborn children to families where in which child abuse or neglect has occurred or, to expectant mothers who have abused their unborn children, to children and families where when circumstances justify a belief that abuse or neglect will occur and to the expectant mothers of unborn children when circumstances justify a belief that unborn child abuse will occur.

AB463-SA2, s. 281m Section 281m. 48.981 (3) (c) 8. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,28,8 48.981 (3) (c) 8. Using the format prescribed by the department, each county department shall provide the department with information about each report that the county department receives or that is received by a licensed child welfare agency that is under contract with the county department and about each investigation that the county department or a licensed child welfare agency under contract with the county department conducts. Using the format prescribed by the department, a licensed child welfare agency under contract with the department shall provide the department with information about each report that the child welfare agency receives and about each investigation that the child welfare agency conducts. This information shall be used by the department to monitor services provided by county departments or licensed child welfare agencies under contract with county departments or the department. The department shall use nonidentifying information to maintain statewide statistics on child abuse and neglect and on unborn child abuse, and for planning and policy development purposes.

AB463-SA2, s. 282m Section 282m. 48.981 (3) (d) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,28,17 48.981 (3) (d) 1. In this paragraph, "agent" includes, but is not limited to, a foster parent, treatment foster parent or other person given custody of a child or a human services professional employed by a county department under s. 51.42 or 51.437 or by a child welfare agency who is working with the a child or an expectant mother of an unborn child under contract with or under the supervision of the department in a county having a population of 500,000 or more or a county department under s. 46.22.

AB463-SA2, s. 283m Section 283m. 48.981 (3) (d) 2. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,29,9 48.981 (3) (d) 2. If an agent or employe of an agency required to investigate under this subsection is the subject of a report, or if the agency determines that, because of the relationship between the agency and the subject of a report, there is a substantial probability that the agency would not conduct an unbiased investigation, the agency shall, after taking any action necessary to protect the child or unborn child, notify the department. Upon receipt of the notice, the department, in a county having a population of less than 500,000 or a county department or child welfare agency designated by the department in any county shall conduct an independent investigation. If the department designates a county department under s. 46.22, 46.23, 51.42 or 51.437, that county department shall conduct the independent investigation. If a licensed child welfare agency agrees to conduct the independent investigation, the department may designate the child welfare agency to do so. The powers and duties of the department or designated county department or child welfare agency making an independent investigation are those given to county departments under par. (c).".

AB463-SA2,29,10 67. Page 123, line 6: delete lines 6 to 14 and substitute:

AB463-SA2,29,12 " Section 285m. 48.981 (7) (a) 1m. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,29,19 48.981 (7) (a) 1m. A reporter described in sub. (3) (c) 6m. who makes a written request to an agency for information regarding what action, if any, was taken to protect the health and welfare of the child or unborn child who is the subject of the report, unless a court order under sub. (3) (c) 6m. prohibits disclosure of that information to that reporter, except that the only information that may be disclosed is information in the record regarding what action, if any, was taken to protect the health and welfare of the child or unborn child who is the subject of the report.".

AB463-SA2,29,20 68. Page 123, line 25: delete that line.

AB463-SA2,29,21 69. Page 124, line 1: delete lines 1 to 7 and substitute:

AB463-SA2,29,23 " Section 288m. 48.981 (7) (a) 5. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,30,5 48.981 (7) (a) 5. A professional employe of a county department under s. 51.42 or 51.437 who is working with the child or the expectant mother of the unborn child under contract with or under the supervision of the county department under s. 46.22 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.

AB463-SA2, s. 289m Section 289m. 48.981 (7) (a) 6. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,30,11 48.981 (7) (a) 6. A multidisciplinary child abuse and neglect or unborn child abuse team recognized by 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.".

AB463-SA2,30,12 70. Page 124, line 21: delete lines 21 to 24.

AB463-SA2,30,13 71. Page 125, line 1: delete lines 1 and 2 and substitute:

AB463-SA2,30,15 " Section 292m. 48.981 (7) (a) 11. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read: