AB463-SA2,14,1517
48.357
(2m) The child, the parent, guardian or legal custodian of the child
, the
18expectant mother, the unborn child by the unborn child's guardian at litem or any
19person or agency primarily bound by the dispositional order, other than the person
20or agency responsible for implementing the order, may request a change in
21placement under this subsection. The request shall contain the name and address
22of the place of the new placement requested and shall state what new information
23is available which affects the advisability of the current placement. This request
24shall be submitted to the court. In addition, the court may propose a change in
1placement on its own motion. The court shall hold a hearing on the matter prior to
2ordering any change in placement under this subsection if the request states that
3new information is available which affects the advisability of the current placement,
4unless written waivers of objection to the proposed change in placement are signed
5by all parties entitled to receive notice under sub. (1) and the court approves. If a
6hearing is scheduled, the court shall notify the child, the parent, guardian and legal
7custodian of the child, any foster parent, treatment foster parent or other physical
8custodian described in s. 48.62 (2) of the child
and, all parties who are bound by the
9dispositional order
and, if the child is the expectant mother of an unborn child under
10s. 48.133, the unborn child by the unborn child's guardian ad litem, or shall notify
11the adult expectant mother, the unborn child by the unborn child's guardian ad litem
12and all parties who are bound by the dispositional order, at least 3 days prior to the
13hearing. A copy of the request or proposal for the change in placement shall be
14attached to the notice. If all the parties consent, the court may proceed immediately
15with the hearing.
I".
AB463-SA2,15,419
48.36
(2) If
an expectant mother or a child whose legal custody has not been
20taken from a parent or guardian is given educational and social services, or medical,
21psychological or psychiatric treatment by order of the court, the cost
thereof of those
22services or that treatment, if ordered by the court, shall be a charge upon the county
23in a county having a population of less than 500,000 or the department in a county
24having a population of 500,000 or more. This section does not prevent recovery of
1reasonable contribution toward the costs from the parent or guardian of the child
or
2from an adult expectant mother as the court may order based on the ability of the
3parent
or, guardian
or adult expectant mother to pay. This subsection shall be
4subject to s. 46.03 (18).".
AB463-SA2,15,138
48.365
(2g) (a) At the hearing the person or agency primarily responsible for
9providing services to the child
or expectant mother shall file with the court a written
10report stating to what extent the dispositional order has been meeting the objectives
11of the plan for the
child's rehabilitation or care and treatment
of the child or for the
12rehabilitation and treatment of the expectant mother and the care of the unborn
13child.".
AB463-SA2,16,1217
48.396
(1) Law enforcement officers' records of children shall be kept separate
18from records of adults.
Law enforcement officers' records of the adult expectant
19mothers of unborn children shall be kept separate from records of other adults. Law
20enforcement officers' records of children
and the adult expectant mothers of unborn
21children shall not be open to inspection or their contents disclosed except under sub.
22(1b), (1d) or (5) or s. 48.293 or by order of the court. This subsection does not apply
23to the representatives of newspapers or other reporters of news who wish to obtain
24information for the purpose of reporting news without revealing the identity of the
1or adult expectant mother child involved, to the confidential exchange of information
2between the police and officials of the school attended by the child or other law
3enforcement or social welfare agencies or to children 10 years of age or older who are
4subject to the jurisdiction of the court of criminal jurisdiction. A public school official
5who obtains information under this subsection shall keep the information
6confidential as required under s. 118.125 and a private school official who obtains
7information under this subsection shall keep the information confidential in the
8same manner as is required of a public school official under s. 118.125. A law
9enforcement agency that obtains information under this subsection shall keep the
10information confidential as required under this subsection and s. 938.396 (1). A
11social welfare agency that obtains information under this subsection shall keep the
12information confidential as required under ss. 48.78 and 938.78.".
AB463-SA2,16,16
1531. Page 100, line 4: after "
, if" insert "
requested by an expectant mother of
16an unborn child who is the subject of a law enforcement officer's report, if".
AB463-SA2,16,22
2034. Page 100, line 16: delete that line and substitute "
report, or of an
21expectant mother of an unborn child who is the subject of a law enforcement officer's
22report, if".
AB463-SA2,17,2
137. Page 100, line 20: delete that line and substitute "
parent, guardian, legal
2custodian or expectant mother, and unborn child by the unborn".
AB463-SA2,17,6
539. Page 100, line 24: after "(a)," insert "upon request of an expectant mother
6of an unborn child who is the subject of a record of a court specified in par. (a),".
AB463-SA2,17,8
740. Page 101, line 1: on lines 1 and 4, delete "expectant mother or by the" and
8substitute "parent, guardian, legal custodian, expectant mother or".
AB463-SA2,17,12
1142. Page 101, line 8: after "(a)" insert ", or of an expectant mother of an unborn
12child who is the subject of a record of a court specified in par. (a),".
AB463-SA2,18,219
48.415
(2) (c) That the child has been outside the home for a cumulative total
20period of 6 months or longer pursuant to such orders
not including time spent outside
21the home as an unborn child; and that the parent has failed to meet the conditions
22established for the return of the child to the home and there is a substantial
1likelihood that the parent will not meet these conditions within the 12-month period
2following the fact-finding hearing under s. 48.424.
AB463-SA2,18,75
48.44
(1) The court has jurisdiction over persons 17 years of age or older as
6provided under ss.
48.133, 48.355 (4) and 48.45 and as otherwise specifically
7provided in this chapter.".
AB463-SA2,18,1812
48.46
(1) Except as provided in subs. (1m), (2) and (3), the child whose status
13is adjudicated by the court, the parent, guardian or legal custodian of that child, the
14unborn child whose status is adjudicated by the court or the expectant mother of that
15unborn child may at any time within one year after the entering of the court's order
16petition the court for a rehearing on the ground that new evidence has been
17discovered affecting the advisability of the court's original adjudication. Upon a
18showing that such evidence does exist, the court shall order a new hearing.".
AB463-SA2,19,622
48.48
(17) (a) 1. Investigate the conditions surrounding nonmarital children
23and, children in need of protection or services
and unborn children in need of
24protection or services within the county and to take every reasonable action within
1its power to secure for them the full benefit of all laws enacted for their benefit.
2Unless provided by another agency, the department shall offer social services to the
3caretaker of any child
, and to the expectant mother of any unborn child, who is
4referred to
it the department under the conditions specified in this subdivision. This
5duty shall be discharged in cooperation with the court and with the public officers
6or boards legally responsible for the administration and enforcement of these laws.
AB463-SA2,19,169
48.48
(17) (a) 2. Accept legal custody of children transferred to it by the court
10under s. 48.355
, to accept supervision over expectant mothers of unborn children who
11are placed under its supervision under s. 48.355 and to provide special treatment and
12care
for children and expectant mothers if ordered by the court and if providing
13special treatment and care is not the responsibility of the county department under
14s. 46.215, 51.42 or 51.437. A court may not order the department to administer
15psychotropic medications to children
and expectant mothers who receive special
16treatment or care under this subdivision.
AB463-SA2,20,519
48.48
(17) (a) 3. Provide appropriate protection and services for children
and
20the expectant mothers of unborn children in its care, including providing services for
21those children and their families
and for those expectant mothers in their own
22homes, placing the children in licensed foster homes,
licensed treatment foster
23homes or
licensed group homes in this state or another state within a reasonable
24proximity to the agency with legal custody or contracting for services for
them those
25children by licensed child welfare agencies, except that the department may not
1purchase the educational component of private day treatment programs unless the
2department, the school board as defined in s. 115.001 (7) and the state
3superintendent of public instruction all determine that an appropriate public
4education program is not available. Disputes between the department and the school
5district shall be resolved by the state superintendent of public instruction.
AB463-SA2,20,108
48.48
(17) (b) In performing the functions specified in par. (a), the department
9may avail itself of the cooperation of any individual or private agency or organization
10interested in the social welfare of children
and unborn children in the county.".
AB463-SA2,21,214
48.57
(1) (c) To provide appropriate protection and services for children
and the
15expectant mothers of unborn children in its care, including providing services for
16those children and their families
and for those expectant mothers in their own
17homes, placing
the those children in licensed foster homes,
licensed treatment foster
18homes or
licensed group homes in this state or another state within a reasonable
19proximity to the agency with legal custody or contracting for services for
them those
20children by licensed child welfare agencies, except that the county department
shall 21may not purchase the educational component of private day treatment programs
22unless the county department, the school board as defined in s. 115.001 (7) and the
23state superintendent of public instruction all determine that an appropriate public
24education program is not available. Disputes between the county department and
1the school district shall be resolved by the state superintendent of public
2instruction.".
AB463-SA2,21,236
48.59
(1) The county department or, in a county having a population of 500,000
7or more, the department or an agency under contract with the department shall
8investigate the personal and family history and environment of any child transferred
9to its legal custody or placed under its supervision under s. 48.345
and of every
10expectant mother of an unborn child placed under its supervision under s. 48.347 and
11make any physical or mental examinations of the child
or expectant mother 12considered necessary to determine the type of care necessary for the child
or
13expectant mother. The county department, department or agency shall screen a
14child
or expectant mother who is examined under this subsection to determine
15whether the child
or expectant mother is in need of special treatment or care because
16of alcohol or other drug abuse, mental illness or severe emotional disturbance. The
17county department, department or agency shall keep a complete record of the
18information received from the court, the date of reception, all available data on the
19personal and family history of the child
or expectant mother, the results of all tests
20and examinations given the child
or expectant mother and a complete history of all
21placements of the child while in the legal custody or under the supervision of the
22county department, department or agency
or of the expectant mother while under
23the supervision of the county department, department or agency.".
AB463-SA2,22,4
352. Page 111, line 1: after "record," insert "upon the request of an expectant
4mother of an unborn child who is the subject of the record,".
AB463-SA2,22,10
755. Page 111, line 10: delete lines 10 and 11 and substitute "the parent,
8guardian or legal custodian of a child expectant mother of an unborn child who is the
9subject of the record, or of an expectant mother of an unborn child who is the subject
10of the record, if 14 years of age or over,".
AB463-SA2,22,12
1156. Page 111, line 13: delete that line and substitute "in the permission if the
12parent, guardian, legal custodian or expectant mother, and".
AB463-SA2,23,918
48.981
(3) (a)
Referral of report. A person required to report under sub. (2) shall
19immediately inform, by telephone or personally, the county department or, in a
20county having a population of 500,000 or more, the department or a licensed child
21welfare agency under contract with the department or the sheriff or city, village or
22town police department of the facts and circumstances contributing to a suspicion of
23child abuse or neglect
or of unborn child abuse or to a belief that abuse or neglect will
1occur. The sheriff or police department shall within 12 hours, exclusive of Saturdays,
2Sundays or legal holidays, refer to the county department or, in a county having a
3population of 500,000 or more, the department or a licensed child welfare agency
4under contract with the department all cases reported to it. The county department,
5department or licensed child welfare agency may require that a subsequent report
6be made in writing. Each county department, the department and a licensed child
7welfare agency under contract with the department shall adopt a written policy
8specifying the kinds of reports it will routinely report to local law enforcement
9authorities.".
AB463-SA2,24,1314
48.981
(3) (c) 1. Within 24 hours after receiving a report under par. (a), the
15agency shall, in accordance with the authority granted to the department under s.
1648.48 (17) (a) 1. or the county department under s. 48.57 (1) (a), initiate a diligent
17investigation to determine if the child
or unborn child is in need of protection or
18services. The investigation shall be conducted in accordance with standards
19established by the department for conducting child abuse and neglect investigations
20or unborn child abuse investigations. If the investigation is of a report of
child abuse
21or neglect or
of child threatened abuse or neglect by a caregiver specified in sub. (1)
22(am) 5. to 8. who continues to have access to the child or a caregiver specified in sub.
23(1) (am) 1. to 4., or of a report that does not disclose who is suspected of the
child abuse
24or neglect and in which the investigation does not disclose who abused or neglected
1the child, the investigation shall also include observation of or an interview with the
2child, or both, and, if possible, an interview with the child's parents, guardian or legal
3custodian. If the investigation is of a report of
child abuse or neglect or threatened
4child abuse or neglect by a caregiver who continues to reside in the same dwelling
5as the child, the investigation shall also include, if possible, a visit to that dwelling.
6At the initial visit to the child's dwelling, the person making the investigation shall
7identify himself or herself and the agency involved to the child's parents, guardian
8or legal custodian. The agency may contact, observe or interview the child at any
9location without permission from the child's parent, guardian or legal custodian if
10necessary to determine if the child is in need of protection or services, except that the
11person making the investigation may enter a child's dwelling only with permission
12from the child's parent, guardian or legal custodian or after obtaining a court order
13to do so.
AB463-SA2,24,2215
48.981
(3) (c) 2m. a. If the person making the investigation is an employe of the
16county department or, in a county having a population of 500,000 or more, the
17department or a licensed child welfare agency under contract with the department
18and he or she determines that it is consistent with the best interest of the unborn
19child in terms of physical safety and physical health to take the expectant mother
20into custody for the immediate protection of the unborn child, he or she shall take the
21expectant mother into custody under s. 48.08 (2), 48.19 (1) (cm) or 48.193 (1) (c) and
22deliver the expectant mother to the intake worker under s. 48.20 or 48.203.".
AB463-SA2,25,186
48.981
(3) (c) 3. If the county department or, in a county having a population
7of 500,000 or more, the department or a licensed child welfare agency under contract
8with the department determines that a child, any member of the child's family or the
9child's guardian or legal custodian is in need of services
or that the expectant mother
10of an unborn child is in need of services, the county department, department or
11licensed child welfare agency shall offer to provide appropriate services or to make
12arrangements for the provision of services. If the child's parent, guardian or legal
13custodian
or the expectant mother refuses to accept the services, the county
14department, department or licensed child welfare agency may request that a petition
15be filed under s. 48.13 alleging that the child who is the subject of the report or any
16other child in the home is in need of protection or services
or that a petition be filed
17under s. 48.133 alleging that the unborn child who is the subject of the report is in
18need of protection or services.
AB463-SA2,26,221
48.981
(3) (c) 5. The agency shall maintain a record of its actions in connection
22with each report it receives. The record shall include a description of the services
23provided to any child and to the parents, guardian or legal custodian of the child
or
1to any expectant mother of an unborn child. The agency shall update the record every
26 months until the case is closed.
AB463-SA2,26,85
48.981
(3) (c) 6. The agency shall, within 60 days after it receives a report from
6a person required under sub. (2) to report, inform the reporter what action, if any, was
7taken to protect the health and welfare of the child
or unborn child who is the subject
8of the report.
AB463-SA2,27,211
48.981
(3) (c) 6m. If a person who is not required under sub. (2) to report makes
12a report and is a relative of the child, other than the child's parent,
or is a relative
13of the expectant mother of the unborn child, that person may make a written request
14to the agency for information regarding what action, if any, was taken to protect the
15health and welfare of the child
or unborn child who is the subject of the report. An
16agency that receives a written request under this subdivision shall, within 60 days
17after it receives the report or 20 days after it receives the written request, whichever
18is later, inform the reporter in writing of what action, if any, was taken to protect the
19health and welfare of the child
or unborn child, unless a court order prohibits that
20disclosure, and of the duty to keep the information confidential under sub. (7) (e) and
21the penalties for failing to do so under sub. (7) (f). The agency may petition the court
22ex parte for an order prohibiting that disclosure and, if the agency does so, the time
23period within which the information must be disclosed is tolled on the date the
24petition is filed and remains tolled until the court issues a decision. The court may
25hold an ex parte hearing in camera and shall issue an order granting the petition if
1the court determines that disclosure of the information would not be in the best
2interests of the child
or unborn child.
AB463-SA2,27,175
48.981
(3) (c) 7. The county department or, in a county having a population of
6500,000 or more, the department or a licensed child welfare agency under contract
7with the department shall cooperate with law enforcement officials, courts of
8competent jurisdiction, tribal governments and other human services agencies to
9prevent, identify and treat child abuse and neglect
and unborn child abuse. The
10county department or, in a county having a population of 500,000 or more, the
11department or a licensed child welfare agency under contract with the department
12shall coordinate the development and provision of services to abused and neglected
13children
and, to abused unborn children to families
where in which child abuse or
14neglect has occurred
or, to expectant mothers who have abused their unborn
15children, to children and families
where when circumstances justify a belief that
16abuse or neglect will occur
and to the expectant mothers of unborn children when
17circumstances justify a belief that unborn child abuse will occur.
AB463-SA2,28,820
48.981
(3) (c) 8. Using the format prescribed by the department, each county
21department shall provide the department with information about each report that
22the county department receives or that is received by a licensed child welfare agency
23that is under contract with the county department and about each investigation that
24the county department or a licensed child welfare agency under contract with the
25county department conducts. Using the format prescribed by the department, a
1licensed child welfare agency under contract with the department shall provide the
2department with information about each report that the child welfare agency
3receives and about each investigation that the child welfare agency conducts. This
4information shall be used by the department to monitor services provided by county
5departments or licensed child welfare agencies under contract with county
6departments or the department. The department shall use nonidentifying
7information to maintain statewide statistics on child abuse and neglect
and on
8unborn child abuse, and for planning and policy development
purposes.
AB463-SA2,28,1711
48.981
(3) (d) 1. In this paragraph, "agent" includes, but is not limited to, a
12foster parent, treatment foster parent or other person given custody of a child or a
13human services professional employed by a county department under s. 51.42 or
1451.437 or by a child welfare agency who is working with
the a child
or an expectant
15mother of an unborn child under contract with or under the supervision of the
16department in a county having a population of 500,000 or more or a county
17department under s. 46.22.