SB475: Bill Text

SB475,9,9 3. Whether the person who is suspected of the abuse or neglect is an adult or a child.

SB475,9,11 4. Whether the circumstances or conditions that caused or contributed to the abuse or neglect have been ameliorated.

SB475, s. 11 Section 11. 813.122 (1) (ar) of the statutes is created to read:

SB475,9,14 813.122 (1) (ar) "Care or services setting" means a place, other than a child's dwelling, in which a child receives any type of care or services.

SB475, s. 12 Section 12. 813.122 (1) (d) of the statutes is amended to read:

SB475,9,19 813.122 (1) (d) "Child victim advocate" means any person who counsels child victims or potential victims, assists child victims or potential victims in coping with the impact of the crime or otherwise acts in support of child victims or potential vic tims.

SB475, s. 13 Section 13. 813.122 (1) (g) of the statutes is created to read:

SB475,9,23 813.122 (1) (g) "Potential child victim" means a child who is receiving care or services in the same care or services setting as a child who is the victim or the alleged victim of abuse in that care or services setting.

SB475, s. 14 Section 14. 813.122 (2) of the statutes is amended to read:

SB475,10,15 813.122 (2) Commencement of action and response. No action under this sec tion may be commenced by complaint and summons. An action under this section may be commenced only by a petition described under sub. (6) (a). The action com mences with service of the petition upon the respondent if a copy of the petition is filed before service or promptly after service. The For abuse that is alleged to have occurred in a place other than a care or services setting, the child victim or a parent, stepparent or, legal guardian or legal custodian, as defined in s. 48.02 (11), of the child victim may be a petitioner under this section. For abuse that is alleged to have occurred in a care or services setting, the child victim, a potential child victim, the parent, stepparent, legal guardian or legal custodian, as defined in s. 48.02 (11), of the child victim or a potential child victim, the district attorney, or the county depart ment under s. 46.215, 46.22 or 46.23 may be a petitioner under this section. Section 813.06 does not apply to an action under this section. The respondent may respond to the petition either in writing before or at the hearing on the issuance of the injunc tion or orally at that hearing.

SB475, s. 15 Section 15. 813.122 (3) (b) 1. of the statutes is amended to read:

SB475,10,18 813.122 (3) (b) 1. That a guardian ad litem be appointed for the child victim or a potential child victim in accordance with s. 48.235.

SB475, s. 16 Section 16. 813.122 (3) (bm) of the statutes is amended to read:

SB475,10,21 813.122 (3) (bm) The court or court commissioner shall appoint a guardian ad litem if the respondent is a parent of the child victim or a potential child victim.

SB475, s. 17 Section 17. 813.122 (3) (c) of the statutes is amended to read:

SB475,10,24 813.122 (3) (c) An action under this section may pertain to more than one child victim or potential child victim.

SB475, s. 18 Section 18. 813.122 (4) (a) (intro.) of the statutes is amended to read:

SB475,11,13 813.122 (4) (a) (intro.) A judge or court commissioner shall issue a temporary restraining order ordering the respondent to avoid the child victim's residence or any premises temporarily occupied by the child victim or both, and to avoid contacting or causing any person other than a party's attorney to contact the child victim unless the petitioner consents in writing and the judge or court commissioner agrees that the contact is in the best interests of the child victim, ; and, if the petition alleges that the abuse occurred in a care or services setting, to stop providing care or services for children, to avoid the residence of or any premises temporarily occupied by the child victim, a potential child victim or any other child and to avoid contacting or causing any person other than a party's attorney to contact the child victim, a potential child victim or any other child unless the petitioner consents in writing and the judge or court commissioner agrees that the contact is in the best interests of the child victim, the potential child victim or the other child; if all of the following occur:

SB475, s. 19 Section 19. 813.122 (4) (a) 2. of the statutes is amended to read:

SB475,11,21 813.122 (4) (a) 2. The judge or court commissioner finds reasonable grounds to believe that the respondent has engaged in, or based on prior conduct of the child victim and the respondent may engage in, abuse of the child victim or, if the alleged abuse occurred in a care or services setting, the judge or court commissioner finds reasonable grounds to believe that the respondent has engaged in abuse of the child victim or, based on prior conduct of the child victim and the respondent, may engage in abuse of the child victim, a potential child victim or any other child.

SB475, s. 20 Section 20. 813.122 (5) (a) (intro.) of the statutes is amended to read:

SB475,12,10 813.122 (5) (a) (intro.) A judge may grant an injunction ordering the respon dent to avoid the child victim's residence or any premises temporarily occupied by the child victim or both, and to avoid contacting or causing any person other than a party's attorney to contact the child victim unless the petitioner consents to that con tact in writing and the judge agrees that the contact is in the best interests of the child victim,; and, if the petition alleges that the abuse occurred in a care services setting, to stop providing care or services for children, to avoid the residence of or any premises temporarily occupied by the child victim, a potential child victim or any oth er child and to avoid contacting or causing any person other than a party's attorney to contact the child victim, a potential child victim or any other child unless the peti tioner consents in writing and the judge or court commissioner agrees that the con tact is in the best interests of the child victim, the potential child victim or the other child; if all of the following occur:

SB475, s. 21 Section 21. 813.122 (5) (a) 3. of the statutes is amended to read:

SB475,12,18 813.122 (5) (a) 3. After hearing, the judge finds reasonable grounds to believe that the respondent has engaged in, or based upon prior conduct of the child victim and the respondent may engage in, abuse of the child victim or, if the alleged abuse occurred in a care or services setting, after hearing, the judge finds reasonable grounds to believe that the respondent has engaged in abuse of the child victim or, based on prior conduct of the child victim and the respondent, may engage in abuse of the child victim, a potential child victim or any other child.

SB475, s. 22 Section 22. 813.122 (5) (d) 1. of the statutes is amended to read:

SB475,12,25 813.122 (5) (d) 1. An injunction under this subsection is effective according to its terms, but except that an injunction restraining abuse in a place other than a care or services setting is effective for not more than 2 years or until the child victim at tains 18 years of age, whichever occurs first and an injunction restraining abuse in a care or services setting is effective for such time as the court may consider appropri ate, based on the evidence.

SB475, s. 23 Section 23. 813.122 (5) (d) 2. of the statutes is amended to read:

SB475,13,9 813.122 (5) (d) 2. When an injunction in effect for less than 6 months expires, the court shall extend the injunction if the petitioner states that an extension is nec essary to protect the child victim. This An extension of an injunction restraining abuse in a place other than a care or services setting shall remain in effect until 6 months after the date the court first entered the injunction or until the child attains 18 years of age, whichever occurs first. An extension of an injunction restraining abuse in a care or services setting shall remain in effect for such time as the court considers appropriate, based on the evidence.

SB475, s. 24 Section 24. 813.122 (5) (d) 3. of the statutes is amended to read:

SB475,13,18 813.122 (5) (d) 3. If the petitioner states that an extension of an injunction re straining abuse in a place other than a care or services setting is necessary to protect the child victim, the court may extend the injunction for not more than 2 years or un til the child victim attains 18 years of age, whichever occurs first. If the petitioner states that an extension of an injunction restraining abuse in a care or services set ting is necessary to protect the child victim, a potential child victim or any other child, the court may extend the injunction for such time as the court considers ap propriate, based on the evidence.

SB475, s. 25 Section 25. 813.122 (6) (a) 1. of the statutes is amended to read:

SB475,13,22 813.122 (6) (a) 1. The name of the petitioner and the child victim or, if the peti tion alleges that the abuse occurred in a care or services setting, the name of the peti tioner, the child victim and any potential child victim.

SB475, s. 26 Section 26. 813.122 (6) (a) 3. of the statutes is amended to read:

SB475,14,4 813.122 (6) (a) 3. That the respondent engaged in, or, based on prior conduct of the respondent and the child victim, may engage in, abuse of the child victim or, if the petition alleges that the abuse occurred in a care or services setting, that the respondent engaged in abuse of the child victim or, based on prior conduct of the child victim and the respondent, may engage in abuse of the child victim, a potential child victim or any other child.

SB475, s. 27 Section 27. 813.122 (7) of the statutes is amended to read:

SB475,14,10 813.122 (7) Contact. Any order under this section directing a person to avoid contact with a child victim, a potential child victim or any other child prohibits the person from knowingly touching, meeting, communicating or being in visual or audio contact with the child victim, potential child victim or other child except as provided in any modifications of the order under sub. (5) (b).

SB475, s. 28 Section 28. Initial applicability.

SB475,14,14 (1)  This act first applies to abuse, as defined in sections 48.981 (1) (a) and 813.122 (1) (a) of the statutes, and neglect, as defined in section 48.981 (1) (d) of the statutes, that occur on the effective date of this subsection.

SB475,14,15 (End)