LRBa2383/1
GMM:jlg:ijs
1997 - 1998 LEGISLATURE
SENATE AMENDMENT 2,
TO 1997 ASSEMBLY BILL 463
April 30, 1998 - Offered by
Committee on Judiciary.
AB463-SA2,1,85
38.24
(1s) (a) A court-approved alcohol or other drug abuse education program
6offered to individuals under s. 48.245 (2) (a) 4., 48.345 (13) (b),
48.347 (5) (b), 938.245
7(2) (a) 4., 938.32 (1g) (b), 938.34 (6r) (b) or (14s) (b) 3., 938.343 (10) (c) or 938.344 (2g)
8(a).".
AB463-SA2,2,8
146.238 Infants and unborn children whose mothers abuse controlled
2substances or controlled substance analogs. If a county department under s.
346.22 or 46.23 or, in a county having a population of 500,000 or more, a county
4department under s. 51.42 or 51.437 receives a report under s. 146.0255 (2), the
5county department shall offer to provide appropriate services and treatment to the
6child and the child's mother
or to the unborn child, as defined in s. 48.02 (19), and
7the expectant mother of the unborn child or the county department shall make
8arrangements for the provision of appropriate services or treatment.".
AB463-SA2,2,1712
46.95
(2) (a) The secretary shall make grants from the appropriations under
13s. 20.435 (3) (cd) and (hh) to organizations for the provision of any of the services
14specified in sub. (1) (d). Grants may be made to organizations which have provided
15those domestic abuse services in the past or to organizations which propose to
16provide those services in the future. No grant may be made to fund services for child
17or unborn child abuse or abuse of elderly persons.".
AB463-SA2,3,723
48.06
(1) (a) 1. In counties with a population of 500,000 or more, the
24department shall provide the court with the services necessary for investigating and
1supervising child welfare
and unborn child welfare cases under this chapter. The
2department is charged with providing child welfare
and unborn child welfare intake
3and dispositional services and with administration of the personnel and services of
4the child welfare
and unborn child welfare intake and dispositional sections of the
5department. The department shall include investigative services for all children
and
6unborn children alleged to be in need of protection or services to be provided by the
7department.
AB463-SA2,3,1310
48.06
(1) (a) 3. The county board of supervisors does not have authority and
11may not assert jurisdiction over the disposition of any case
or, child
, unborn child or
12expectant mother of an unborn child after a written order is made under s. 48.21
or
1348.213 or if a petition is filed under s. 48.25.
AB463-SA2,3,2116
48.06
(1) (am) 3. Each intake worker providing services under this chapter
17whose responsibilities include investigation or treatment of child abuse or neglect
or
18unborn child abuse shall successfully complete additional training in child abuse and
19neglect
and unborn child abuse protective services approved by the department
20under s. 48.981 (8) (d). Not more than 4 hours of the additional training may be
21applied to the requirement under subd. 1.
AB463-SA2,4,424
48.06
(2) (c) Each intake worker providing services under this chapter whose
25responsibilities include investigation or treatment of child abuse or neglect
or
1unborn child abuse shall successfully complete additional training in child abuse and
2neglect
and unborn child abuse protective services approved by the department
3under s. 48.981 (8) (d). Not more than 4 hours of the additional training may be
4applied to the requirement under par. (b).".
AB463-SA2,4,169
48.185
(1) Subject to sub. (2), venue for any proceeding under ss. 48.13,
48.133, 1048.135 and 48.14 (1) to (9) may be in any of the following: the county where the child
11or the expectant mother of the unborn child resides or the county where the child
or
12expectant mother is present. Venue for proceedings brought under subch. VIII is as
13provided in this subsection except where the child has been placed and is living
14outside the home of the child's parent pursuant to a dispositional order, in which case
15venue is as provided in sub. (2). Venue for a proceeding under s. 48.14 (10) is as
16provided in s. 801.50 (5s).".
AB463-SA2,5,621
48.207
(2) (a) If a facility listed in sub. (1) (b) to (k) is used to hold
children a
22child in custody, or if supervisory services of a home detention program are provided
23to
children a child held under sub. (1) (a),
its the authorized rate
of the facility for the
24care of the child
or the authorized rate for those supervisory services shall be paid
1by the county in a county having a population of less than 500,000 or by the
2department in a county having a population of 500,000 or more. If no authorized rate
3has been established, a reasonable sum to be fixed by the court shall be paid by the
4county in a county having a population of less than 500,000 or by the department in
5a county having a population of 500,000 or more for the supervision or care of the
6child.
AB463-SA2,5,178
48.207
(2) (b) If a facility listed in sub. (1m) (b) to (e) is used to hold an expectant
9mother of an unborn child in custody, or if supervisory services of a home detention
10program are provided to an expectant mother held under sub. (1m) (a), the
11authorized rate of the facility for the care of the expectant mother or the authorized
12rate for those supervisory services shall be paid by the county in a county having a
13population of less than 500,000 or by the department in a county having a population
14of 500,000 or more. If no authorized rate has been established, a reasonable sum to
15be fixed by the court shall be paid by the county in a county having a population of
16less than 500,000 or by the department in a county having a population of 500,000
17or more for the supervision or care of the expectant mother.".
AB463-SA2,5,19
19"
Section 72g. 48.21 (3) (title) of the statutes is amended to read:
AB463-SA2,5,2220
48.21
(3) (title)
Proceedings concerning children in need of protection or
21services and unborn children in need of protection or services and their child
22expectant mothers.
AB463-SA2,6,4
148.21
(3) (ag) Proceedings concerning a child who comes within the jurisdiction
2of the court under s. 48.13
or an unborn child and a child expectant mother of the
3unborn child who come within the jurisdiction of the court under s. 48.133 shall be
4conducted according to this subsection.".
AB463-SA2,6,2011
48.245
(4) The intake worker shall inform the child and the child's parent,
12guardian and legal custodian
, the child expectant mother, her parent, guardian and
13legal custodian and the unborn child by the unborn child's guardian ad litem, or the
14adult expectant mother and the unborn child by the unborn child's guardian ad litem, 15in writing of their right to terminate the informal disposition at any time or object
16at any time to the fact or terms of the informal disposition. If an objection arises the
17intake worker may alter the terms of the agreement or request the district attorney
18or corporation counsel to file a petition. If the informal disposition is terminated the
19intake worker may request the district attorney or corporation counsel to file a
20petition.".
AB463-SA2,7,21
148.295
(1) After the filing of a petition and upon a finding by the court that
2reasonable cause exists to warrant an examination or an alcohol and other drug
3abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court
4may order any child coming within its jurisdiction to be examined as an outpatient
5by personnel in an approved treatment facility for alcohol and other drug abuse, by
6a physician, psychiatrist or licensed psychologist, or by another expert appointed by
7the court holding at least a master's degree in social work or another related field of
8child development, in order that the child's physical, psychological, alcohol or other
9drug dependency, mental or developmental condition may be considered. The court
10may also order an examination or an alcohol and other drug abuse assessment that
11conforms to the criteria specified under s. 48.547 (4) of a parent, guardian or legal
12custodian whose ability to care for a child is at issue before the court
or of an
13expectant mother whose ability to control her use of alcohol beverages, controlled
14substances or controlled substance analogs is at issue before the court. The court
15shall hear any objections by the child, the child's parents, guardian or legal custodian
16to the request for such an examination or assessment before ordering the
17examination or assessment. The expenses of an examination, if approved by the
18court, shall be paid by the county of the court ordering the examination in a county
19having a population of less than 500,000 or by the department in a county having a
20population of 500,000 or more. The payment for an alcohol and other drug abuse
21assessment shall be in accordance with s. 48.361.".
AB463-SA2,8,17
348.345 (title)
Disposition of child or unborn child of child expectant
4mother adjudged in need of protection or services. (intro.) If the judge finds
5that the child is in need of protection or services
or that the unborn child of a child
6expectant mother is in need of protection or services, the judge shall enter an order
7deciding one or more of the dispositions of the case as provided in this section under
8a care and treatment plan, except that the order may not place any child not
9specifically found under chs. 46, 49, 51, 115 and 880 to be developmentally disabled,
10mentally ill or to have a disability specified in s. 115.76 (5) in facilities which
11exclusively treat those categories of children
and the court may not place any child
12expectant mother of an unborn child in need of protection or services outside of the
13child expectant mother's home unless the court finds that the child expectant mother
14is refusing or has refused to accept any alcohol or other drug abuse services offered
15to her or is not making or has not made a good faith effort to participate in any alcohol
16or other drug abuse services offered to her. The dispositions under this section are
17as follows:".
AB463-SA2,8,19
19"
Section 181m. 48.345 (14) of the statutes is created to read:
AB463-SA2,9,1220
48.345
(14) (a) If, based on an evaluation under s. 48.295 and the report under
21s. 48.33, the judge finds that the child expectant mother of an unborn child in need
22of protection or services is in need of inpatient treatment for her habitual lack of
23self-control in the use of alcohol, controlled substances or controlled substance
24analogs, exhibited to a severe degree, that inpatient treatment is appropriate for the
1child expectant mother's needs and that inpatient treatment is the least restrictive
2treatment consistent with the child expectant mother's needs, the judge may order
3the child expectant mother to enter an inpatient alcohol or other drug abuse
4treatment program at an inpatient facility, as defined in s. 51.01 (10). The inpatient
5facility shall, under the terms of a service agreement between the inpatient facility
6and the county in a county having a population of less than 500,000 or the
7department in a county having a population of 500,000 or more, or with the written
8and informed consent of the child expectant mother or the child expectant mother's
9parent if the child expectant mother has not attained the age of 12, report to the
10agency primarily responsible for providing services to the child expectant mother as
11to whether the child expectant mother is cooperating with the treatment and
12whether the treatment appears to be effective.
AB463-SA2,9,1413
(b) Payment for any treatment ordered under par. (a) shall be in accordance
14with s. 48.361.".
AB463-SA2,9,24
17"
(5) Alcohol or drug treatment or education. (a) If the report prepared under
18s. 48.33 (1) recommends that the adult expectant mother is in need of treatment for
19the use or abuse of alcohol beverages, controlled substances or controlled substance
20analogs and its medical, personal, family or social effects, the court may order the
21adult expectant mother to enter an outpatient alcohol and other drug abuse
22treatment program at an approved treatment facility. The approved treatment
23facility shall, under the terms of a service agreement between the approved
24treatment facility and the county in a county having a population of less than 500,000
1or the department in a county having a population of 500,000 or more, or with the
2written informed consent of the adult expectant mother, report to the agency
3primarily responsible for providing services to the adult expectant mother as to
4whether the adult expectant mother is cooperating with the treatment and whether
5the treatment appears to be effective.
AB463-SA2,10,166
(b) If the report prepared under s. 48.33 (1) recommends that the adult
7expectant mother is in need of education relating to the use of alcohol beverages,
8controlled substances or controlled substance analogs, the court may order the adult
9expectant mother to participate in an alcohol or other drug abuse education program
10approved by the court. The person or agency that provides the education program
11shall, under the terms of a service agreement between the education program and
12the county in a county having a population of less than 500,000 or the department
13in a county having a population of 500,000 or more, or with the written informed
14consent of the adult expectant mother, report to the agency primarily responsible for
15providing services to the adult expectant mother about the adult expectant mother's
16attendance at the program.
AB463-SA2,10,1917
(c) Payment for any treatment or education ordered under this subsection in
18counties that have an alcohol and other drug abuse program under s. 48.547 shall
19be in accordance with s. 48.361.
AB463-SA2,11,10
20(6) Inpatient alcohol or drug treatment. (a) If, based on an evaluation under
21s. 48.295 and the report under s. 48.33, the judge finds that the adult expectant
22mother is in need of inpatient treatment for her habitual lack of self-control in the
23use of alcohol, controlled substances or controlled substance analogs, exhibited to a
24severe degree, that inpatient treatment is appropriate for the adult expectant
25mother's needs and that inpatient treatment is the least restrictive treatment
1consistent with the adult expectant mother's needs, the judge may order the adult
2expectant mother to enter an inpatient alcohol or other drug abuse treatment
3program at an inpatient facility, as defined in s. 51.01 (10). The inpatient facility
4shall, under the terms of a service agreement between the inpatient facility and the
5county in a county having a population of less than 500,000 or the department in a
6county having a population of 500,000 or more, or with the written and informed
7consent of the adult expectant mother, report to the agency primarily responsible for
8providing services to the adult expectant mother as to whether the adult expectant
9mother is cooperating with the treatment and whether the treatment appears to be
10effective.
AB463-SA2,11,1211
(b) Payment for any treatment ordered under par. (a) shall be in accordance
12with s. 48.361.".