LRBs0093/1
GMM:kjf:rs
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 213
May 5, 2005 - Offered by Representative Kreibich.
AB213-ASA1,1,7
1An Act to amend 48.13 (3), 48.13 (3m) and 48.981 (3) (a) 3.; and
to create 48.02
2(1) (g) of the statutes;
relating to: defining the manufacturing of
3methamphetamine in the presence of a child as child abuse, requiring the
4reporting and investigation of such child abuse, and granting the court
5assigned to exercise jurisdiction under the Children's Code child in need of
6protection or services jurisdiction over a child who is present during the
7manufacturing of methamphetamine.
Analysis by the Legislative Reference Bureau
Under current law, the court assigned to exercise jurisdiction under the
Children's Code (juvenile court) has exclusive original jurisdiction over a child who
is alleged to be in need of protection or services and who meets certain jurisdictional
grounds, including the ground that the child has been the victim of abuse or is at
substantial risk of becoming the victim of abuse, and may impose certain dispositions
on a child found to be in need of protection or services and the child's family. Current
law defines "abuse," in part, as physical injury inflicted on a child by other than
accidental means.
Under current law, certain individuals, such as physicians, nurses, social
workers, teachers, day care providers, and law enforcement officers having
reasonable cause to suspect that a child seen in the course of professional duties has
been abused or having reason to believe that a child seen in the course of professional
duties has been threatened with abuse and that abuse will occur must, and any
person having reason to suspect that a child has been abused or reason to believe that
a child has been threatened with abuse and that abuse will occur may, report that
suspected or threatened abuse to the sheriff, local police department, or county
department of human services or social services (county department). On receipt of
a report, the sheriff or local police department must immediately investigate to
determine if there is reason to believe that the child's health or safety is in immediate
danger and take necessary action to protect the child, and the county department
must initiate a diligent investigation to determine if the child is in need of protection
or services and, if the child is in need of services, offer to provide those services. If
those services are refused, the county department may request the district attorney
to file a petition alleging that the child is in need of protection or services (child abuse
reporting law).
This substitute amendment expands the definition of "abuse" in the Children's
Code to include manufacturing methamphetamine with a child physically present
during the manufacture; in a child's home, on the premises of a child's home, or in
a motor vehicle located on the premises of a child's home; or under any other
circumstances in which a reasonable person should have known that the
manufacture would be seen, smelled, or heard by a child. As such the bill grants to
the juvenile court child in need of protection or services jurisdiction over such a child
on the grounds that the child has been the victim of abuse or is at substantial risk
of becoming the victim of abuse and expands the scope of the child abuse reporting
law to require that such a child be reported and investigated under that law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB213-ASA1,2,32
48.02
(1) (g) Manufacturing methamphetamine in violation of s. 961.41 (1) (e)
3under any of the following circumstances:
AB213-ASA1,2,44
1. With a child physically present during the manufacture.
AB213-ASA1,2,65
2. In a child's home, on the premises of a child's home, or in a motor vehicle
6located on the premises of a child's home.
AB213-ASA1,2,87
3. Under any other circumstances in which a reasonable person should have
8known that the manufacture would be seen, smelled, or heard by a child.
AB213-ASA1,3,32
48.13
(3) Who has been the victim of abuse, as defined in s. 48.02 (1) (a), (b),
3(c), (d), (e)
or, (f),
or (g), including injury that is self-inflicted or inflicted by another;
AB213-ASA1,3,85
48.13
(3m) Who is at substantial risk of becoming the victim of abuse, as
6defined in s. 48.02 (1) (a), (b), (c), (d), (e)
or, (f),
or (g), including injury that is
7self-inflicted or inflicted by another, based on reliable and credible information that
8another child in the home has been the victim of such abuse;
AB213-ASA1, s. 4
9Section
4. 48.981 (3) (a) 3. of the statutes is amended to read:
AB213-ASA1,3,1810
48.981
(3) (a) 3. A county department, the department, or a licensed child
11welfare agency under contract with the department shall within 12 hours, exclusive
12of Saturdays, Sundays, or legal holidays, refer to the sheriff or police department all
13cases of suspected or threatened abuse, as defined in s. 48.02 (1) (b) to (f), reported
14to it. For cases of suspected or threatened abuse, as defined in s. 48.02 (1) (a), (am),
15(g), or (gm), or neglect, each county department, the department, and a licensed child
16welfare agency under contract with the department shall adopt a written policy
17specifying the kinds of reports it will routinely report to local law enforcement
18authorities.
AB213-ASA1,3,2220
(1)
Manufacturing methamphetamine with child present. This act first
21applies to abuse, as defined in section 48.02 (1) (g) of the statutes, as created by this
22act, that occurs on the effective date of this subsection.
