AB463: Bill Text

AB463,41,22 48.245 (4) The intake worker shall inform the child and the child's parent, guardian and legal custodian, or the expectant mother and the unborn child by its guardian ad litem, in writing of their right to terminate the informal disposition at any time or object at any time to the fact or terms of the informal disposition. If an objection arises the intake worker may alter the terms of the agreement or recommend to the district attorney or corporation counsel that a petition be filed. If the informal disposition is terminated the intake worker may recommend to the district attorney or corporation counsel that a petition be filed.

AB463, s. 90 Section 90. 48.245 (5) of the statutes is amended to read:

AB463,42,3 48.245 (5) Informal disposition shall be terminated upon the request of the child, parent, guardian or legal custodian or upon the request of the expectant mother or the unborn child by its guardian ad litem.

AB463, s. 91 Section 91. 48.245 (8) of the statutes is amended to read:

AB463,42,10 48.245 (8) If the obligations imposed under the informal disposition are met, the intake worker shall so inform the child and a parent, guardian and legal custodian, or the expectant mother and the unborn child by its guardian ad litem, in writing, and no petition may be filed on the charges that brought about the informal disposition nor may the charges be the sole basis for a petition under ss. 48.13 to 48.14.

AB463, s. 92 Section 92. 48.25 (1) of the statutes is amended to read:

AB463,42,21 48.25 (1) A petition initiating proceedings under this chapter shall be signed by a person who has knowledge of the facts alleged or is informed of them and believes them to be true. The district attorney, corporation counsel or other appropriate official specified under s. 48.09 may file the petition if the proceeding is under s. 48.13 or 48.133. The counsel or guardian ad litem for a parent, relative, guardian or child may file a petition under s. 48.13 or 48.14. The counsel or guardian ad litem for an expectant mother or the guardian ad litem for an unborn child may file a petition under s. 48.133. The district attorney, corporation counsel or other appropriate person designated by the court may initiate proceedings under s. 48.14 in a manner specified by the court.

AB463, s. 93 Section 93. 48.25 (2) of the statutes is amended to read:

AB463,43,15 48.25 (2) If the proceeding is brought under s. 48.13 or 48.133, the district attorney, corporation counsel or other appropriate official shall file the petition, close the case, or refer the case back to intake within 20 days after the date that the intake worker's recommendation was filed. A referral back to intake may be made only when the district attorney, corporation counsel or other appropriate official decides not to file a petition or determines that further investigation is necessary. If the case is referred back to intake upon a decision not to file a petition, the intake worker shall close the case or enter into an informal disposition within 20 days. If the case is referred back to intake for further investigation, the appropriate agency or person shall complete the investigation within 20 days. If another referral is made to the district attorney, corporation counsel or other appropriate official, it shall be considered a new referral to which the time limits of this subsection shall apply. The time limits in this subsection may only be extended by a judge upon a showing of good cause under s. 48.315. If a petition is not filed within the time limitations set forth in this subsection and the court has not granted an extension, the petition shall be accompanied by a statement of reasons for the delay. The court shall dismiss with prejudice a petition which was not timely filed unless the court finds at the plea hearing that good cause has been shown for failure to meet the time limitations.

AB463, s. 94 Section 94. 48.255 (1) (intro.) of the statutes is amended to read:

AB463,43,19 48.255 (1) (intro.)  A petition initiating proceedings under this chapter, other than a petition under s. 48.133, shall be entitled, "In the interest of (child's name), a person under the age of 18'' and shall set forth with specificity:

AB463, s. 95 Section 95. 48.255 (1m) of the statutes is created to read:

AB463,43,23 48.255 (1m) A petition initiating proceedings under s. 48.133 shall be entitled "In the interest of (J. Doe), an unborn child, and (expectant mother's name), its expectant mother" and shall set forth with specificity:

AB463,44,3 (a) The estimated gestational age of the unborn child and a statement that the unborn child is at that stage of fetal development when there is a reasonable likelihood of sustained survival outside the womb, with or without artificial support.

AB463,44,4 (b) The name and address of the expectant mother.

AB463,44,9 (c) Whether the expectant mother is in custody and, if so, the place where the expectant mother is being held and the time when the expectant mother was taken into custody unless there is reasonable cause to believe that disclosure of that information would result in imminent danger to the unborn child, expectant mother or physical custodian.

AB463,44,14 (d) Reliable and credible information which forms the basis of the allegations necessary to invoke the jurisdiction of the court under s. 48.133 and to provide reasonable notice of the conduct or circumstances to be considered by the court, together with a statement that the unborn child is in need of protection or care and that the expectant mother is in need of supervision, services, care or rehabilitation.

AB463, s. 96 Section 96. 48.255 (2) of the statutes is amended to read:

AB463,44,18 48.255 (2) If any of the facts in required under sub. (1) (a) to (cm) or (1m) (a) to (c) are not known or cannot be ascertained by the petitioner, the petition shall so state.

AB463, s. 97 Section 97. 48.255 (3) of the statutes is amended to read:

AB463,44,21 48.255 (3) If the information required under sub. (1) (e) or (1m) (d) is not stated the petition shall be dismissed or amended under s. 48.263 (2).

AB463, s. 98 Section 98. 48.255 (4) of the statutes is amended to read:

AB463,45,2 48.255 (4) A copy of the a petition under sub. (1) shall be given to the child if the child is 12 years of age or older and to the parents, guardian, legal custodian and physical custodian. A copy of a petition under sub. (1m) shall be given to the expectant mother, to the unborn child through its guardian ad litem and to the physical custodian of the expectant mother, if any.

AB463, s. 99 Section 99. 48.263 (1) of the statutes is amended to read:

AB463,45,7 48.263 (1) Except as provided in s. 48.255 (3), no petition, process or other proceeding may be dismissed or reversed for any error or mistake if the case and the identity of the child or expectant mother named in the petition may be readily understood by the court; and the court may order an amendment curing the defects.

AB463, s. 100 Section 100. 48.263 (2) of the statutes is amended to read:

AB463,45,13 48.263 (2) With reasonable notification to the interested parties and prior to the taking of a plea under s. 48.30, the petition may be amended at the discretion of the court or person who filed the petition. After the taking of a plea, if the child is alleged to be in need of protection or services, the petition may be amended provided any objecting party is allowed a continuance for a reasonable time.

AB463, s. 101 Section 101. 48.27 (1) of the statutes is renumbered 48.27 (1) (a) and amended to read:

AB463,45,20 48.27 (1) (a) After a petition has been filed relating to facts concerning a situation specified under ss. s. 48.13, unless the parties under sub. (3) voluntarily appear, the court may issue a summons requiring the person who has legal custody of the child to appear personally, and, if the court so orders, to bring the child before the court at a time and place stated.

AB463, s. 102 Section 102. 48.27 (1) (b) of the statutes is created to read:

AB463,45,25 48.27 (1) (b) After a petition has been filed relating to facts concerning a situation specified under s. 48.133, unless the expectant mother voluntarily appears, the court may issue a summons requiring the expectant mother to appear personally before the court at a time and place stated.

AB463, s. 103 Section 103. 48.27 (3) (a) 1. of the statutes is amended to read:

AB463,46,15 48.27 (3) (a) 1. The If the petition that was filed relates to facts concerning a situation under s. 48.13, the court shall also notify, under s. 48.273, the child, any parent, guardian and legal custodian of the child, any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child and any person specified in par. (b), if applicable, of all hearings involving the child except hearings on motions for which notice need only be provided to the child and his or her counsel. Where When parents who are entitled to notice have the same place of residence, notice to one shall constitute notice to the other. The first notice to any interested party, foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) shall be written and may have a copy of the petition attached to it. Thereafter, notice of hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke.

AB463, s. 104 Section 104. 48.27 (3) (c) of the statutes is created to read:

AB463,47,2 48.27 (3) (c) If the petition that was filed relates to facts concerning a situation under s. 48.133, the court shall notify, under s. 48.273, the unborn child by its guardian ad litem, the expectant mother and the physical custodian of the expectant mother, if any, of all hearings involving the unborn child and expectant mother except hearings on motions for which notice need only be provided to the expectant mother and her counsel and unborn child through its guardian ad litem. The first notice to any interested party shall be written and may have a copy of the petition attached to it. Thereafter, notice of hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke.

AB463, s. 105 Section 105. 48.27 (4) (intro.) of the statutes is renumbered 48.27 (4) (a) (intro.) and amended to read:

AB463,47,5 48.27 (4) (a) (intro.)  The A notice under sub. (3) (a) or (b) shall:

AB463, s. 106 Section 106. 48.27 (4) (b) of the statutes is created to read:

AB463,47,7 48.27 (4) (b) A notice under sub. (3) (c) shall:

AB463,47,9 (a) Contain the name of the expectant mother, and the nature, location, date and time of the hearing.

AB463,47,11 (b) Advise the expectant mother of her right to legal counsel regardless of ability to pay.

AB463, s. 107 Section 107. 48.275 (1) of the statutes is amended to read:

AB463,47,18 48.275 (1) If the court finds a child to be in need of protection or services under s. 48.13 or an unborn child to be in need of protection or services under s. 48.133, the court shall order the parents parent of the child or the expectant mother of the unborn child to contribute toward the expense of post-adjudication services to the child or expectant mother the proportion of the total amount which the court finds the parents are parent or expectant mother is able to pay.

AB463, s. 108 Section 108. 48.275 (2) (a) of the statutes is amended to read:

AB463,48,4 48.275 (2) (a) If this state or a county provides legal counsel to a child who is subject to a proceeding under s. 48.13 or to an expectant mother who is subject to a proceeding under s. 48.133, the court shall order the child's parent or the expectant mother to reimburse the state or county in accordance with par. (b) or (c). The court may not order reimbursement if a parent is the complaining or petitioning party or if the court finds that the interests of the parent and the interests of the child in the proceeding are substantially and directly adverse and that reimbursement would be unfair to the parent. The court may not order reimbursement until the completion of the proceeding or until the state or county is no longer providing the child or expectant mother with legal counsel in the proceeding.

AB463, s. 109 Section 109. 48.275 (2) (b) of the statutes is amended to read:

AB463,48,15 48.275 (2) (b) If this state provides the child or expectant mother with legal counsel and the court orders reimbursement under par. (a), the child's parent or the expectant mother may request the state public defender to determine whether the parent or expectant mother is indigent as provided under s. 977.07 and to determine the amount of reimbursement. If the parent or expectant mother is found not to be indigent, the amount of reimbursement shall be the maximum amount established by the public defender board. If the parent or expectant mother is found to be indigent in part, the amount of reimbursement shall be the amount of partial payment determined in accordance with the rules of the public defender board under s. 977.02 (3).

AB463, s. 110 Section 110. 48.275 (2) (c) of the statutes is amended to read:

AB463,48,22 48.275 (2) (c) If the county provides the child or expectant mother with legal counsel and the court orders reimbursement under par. (a), the court shall either make a determination of indigency or shall appoint the county department to make the determination. If the court or the county department finds that the parent or expectant mother is not indigent or is indigent in part, the court shall establish the amount of reimbursement and shall order the parent or expectant mother to pay it.

AB463, s. 111 Section 111. 48.275 (2) (cg) (intro.) of the statutes is amended to read:

AB463,48,25 48.275 (2) (cg) (intro.) The court shall, upon motion by a parent or expectant mother, hold a hearing to review any of the following:

AB463, s. 112 Section 112. 48.29 (1) of the statutes is amended to read:

AB463,49,11 48.29 (1) The child, or the child's parent, guardian or legal custodian, the expectant mother or the unborn child by its guardian ad litem, either before or during the plea hearing, may file a written request with the clerk of the court or other person acting as the clerk for a substitution of the judge assigned to the proceeding. Upon filing the written request, the filing party shall immediately mail or deliver a copy of the request to the judge named therein. Whenever in the request. When any person has the right to request a substitution of judge, that person's counsel or guardian ad litem may file the request. Not more than one such written request may be filed in any one proceeding, nor may any single request name more than one judge. This section shall does not apply to proceedings under s. 48.21.

AB463, s. 113 Section 113. 48.293 (2) of the statutes is amended to read:

AB463,49,22 48.293 (2) All records relating to a child, or to an unborn child and its expectant mother, which are relevant to the subject matter of a proceeding under this chapter shall be open to inspection by a guardian ad litem or counsel for any party, upon demand and upon presentation of releases where when necessary, at least 48 hours before the proceeding. Persons and unborn children, by their guardians ad litem, entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with permission of the court. The court may instruct counsel not to disclose specified items in the materials to the child or the parent, or to the expectant mother, if the court reasonably believes that the disclosure would be harmful to the interests of the child or the unborn child.

AB463, s. 114 Section 114. 48.293 (3) of the statutes is amended to read:

AB463,50,8 48.293 (3) Upon request prior to the fact-finding hearing, counsel for the interests of the public shall disclose to the child, child's through his or her counsel or guardian ad litem, or to the unborn child, through its guardian ad litem, the existence of any videotaped oral statement of a child under s. 908.08 which is within the possession, custody or control of the state and shall make reasonable arrangements for the requesting person to view the videotaped oral statement. If, subsequent to compliance with this subsection, the state obtains possession, custody or control of such a videotaped statement, counsel for the interests of the public shall promptly notify the requesting person of that fact and make reasonable arrangements for the requesting person to view the videotaped oral statement.

AB463, s. 115 Section 115. 48.295 (1) of the statutes is amended to read:

AB463,51,4 48.295 (1) After the filing of a petition and upon a finding by the court that reasonable cause exists to warrant an examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court may order any child coming within its jurisdiction to be examined as an outpatient by personnel in an approved treatment facility for alcohol and other drug abuse, by a physician, psychiatrist or licensed psychologist, or by another expert appointed by the court holding at least a master's degree in social work or another related field of child development, in order that the child's physical, psychological, alcohol or other drug dependency, mental or developmental condition may be considered. The court may also order an examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4) of a parent, guardian or legal custodian whose ability to care for a child is at issue before the court or of an expectant mother whose ability to control her use of alcohol beverages, controlled substances or controlled substance analogs is at issue before the court. The court shall hear any objections by the child, the child's parents, guardian or legal custodian or the expectant mother to the request for such an examination or assessment before ordering the examination or assessment. The expenses of an examination, if approved by the court, shall be paid by the county of the court ordering the examination. The payment for an alcohol and other drug abuse assessment shall be in accordance with s. 48.361.

AB463, s. 116 Section 116. 48.295 (1c) of the statutes is amended to read:

AB463,51,9 48.295 (1c) Reasonable cause is considered to exist to warrant an alcohol and other drug abuse assessment under sub. (1) if the multidisciplinary screen procedure conducted under s. 48.24 (2) indicates that the child or expectant mother is at risk of having needs and problems related to alcohol or other drug abuse.

AB463, s. 117 Section 117. 48.295 (1g) of the statutes is amended to read:

AB463,51,22 48.295 (1g) If the court orders an alcohol or other drug abuse assessment under sub. (1), the approved treatment facility shall, within 14 days after the court order, report the results of the assessment to the court, except that, upon request by the approved treatment facility and if the child or expectant mother is not held in secure or nonsecure custody, the court may extend the period for assessment for not more than 20 additional working days. The report shall include a recommendation as to whether the child or expectant mother is in need of treatment for abuse of alcohol beverages, controlled substances or controlled substance analogs or education relating to the use of alcohol beverages, controlled substances and controlled substance analogs and, if so, shall recommend a service plan and an appropriate treatment, from an approved treatment facility, or a court-approved education program.

AB463, s. 118 Section 118. 48.295 (2) of the statutes is amended to read:

AB463,52,7 48.295 (2) The examiner shall file a report of the examination with the court by the date specified in the order. The court shall cause copies to be transmitted to the district attorney or corporation counsel and to the child's counsel or guardian ad litem for the child or to counsel or guardian ad litem for the unborn child and its expectant mother. The report shall describe the nature of the examination and identify the persons interviewed, the particular records reviewed and any tests administered to the child or expectant mother. The report shall also state in reasonable detail the facts and reasoning upon which the examiner's opinions are based.

AB463, s. 119 Section 119. 48.295 (3) of the statutes is amended to read:

AB463,52,12 48.295 (3) If the child or a, the child's parent or the expectant mother objects to a particular physician, psychiatrist, licensed psychologist or other expert as required under this section, the court shall appoint a different physician, psychiatrist, psychologist or other expert as required under this section.

AB463, s. 120 Section 120. 48.297 (4) of the statutes is amended to read:

AB463,52,19 48.297 (4) Although the taking of a child or an expectant mother of an unborn child into custody is not an arrest, it that taking into custody shall be considered an arrest for the purpose of deciding motions which require a decision about the propriety of taking into custody, including but not limited to motions to suppress evidence as illegally seized, motions to suppress statements as illegally obtained and motions challenging the lawfulness of the taking into custody.

AB463, s. 121 Section 121. 48.297 (5) of the statutes is amended to read:

AB463,52,25 48.297 (5) If the child or the expectant mother of an unborn child is in custody and the court grants a motion to dismiss based upon on a defect in the petition or in the institution of the proceedings, the court may order the child or expectant mother to be continued in custody for not more than 48 hours pending the filing of a new petition.

AB463, s. 122 Section 122. 48.297 (6) of the statutes is amended to read:

AB463,53,4 48.297 (6) A motion required to be served on a child may be served upon on his or her attorney of record. A motion required to be served on an unborn child may be served on its guardian ad litem.

AB463, s. 123 Section 123. 48.299 (1) (a) of the statutes is amended to read:

AB463,53,12 48.299 (1) (a) The general public shall be excluded from hearings under this chapter and from hearings by courts exercising jurisdiction under s. 48.16 unless a public fact-finding hearing is demanded by a child through his or her counsel, by an expectant mother through her counsel or by an unborn child through its guardian ad litem. However, the court shall refuse to grant the public hearing in a proceeding other than a proceeding under s. 48.375 (7), if a parent or , guardian, expectant mother or unborn child through its guardian ad litem objects.

AB463, s. 124 Section 124. 48.299 (1) (ag) of the statutes is amended to read:

AB463,53,25 48.299 (1) (ag) In a proceeding other than a proceeding under s. 48.375 (7), if a public hearing is not held, only the parties and their counsel or guardian ad litem, if any, the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), witnesses and other persons requested by a party and approved by the court may be present, except that the court may exclude a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) from any portion of the hearing if that portion of the hearing deals with sensitive personal information of the child or the child's family or if the court determines that excluding the foster parent, treatment foster parent or other physical custodian would be in the best interests of the child. Except in a proceeding under s. 48.375 (7), any other person the court finds to have a proper interest in the case or in the work of the court, including a member of the bar, may be admitted by the court.

AB463, s. 125 Section 125. 48.299 (1) (b) of the statutes is amended to read:

AB463,54,6 48.299 (1) (b) Except as provided in ss. 48.375 (7) (e) and 48.396, any person who divulges any information which would identify the child, the expectant mother or the family involved in any proceeding under this chapter shall be subject to ch. 785. This paragraph does not preclude a victim of the child's act from commencing a civil action based upon the child's act.

AB463, s. 126 Section 126. 48.299 (4) (b) of the statutes is amended to read:

AB463,54,21 48.299 (4) (b) Except as provided in s. 901.05, neither common law nor statutory rules of evidence are binding at a hearing for a child held in custody under s. 48.21, a hearing for an expectant mother held in custody under s. 48.213, a runaway home hearing under s. 48.227 (4), a dispositional hearing, or a hearing about changes in placement, revision of dispositional orders, extension of dispositional orders or termination of guardianship orders entered under s. 48.977 (4) (h) 2. or (6). At those hearings, the court shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant or unduly repetitious testimony or evidence that is inadmissible under s. 901.05. Hearsay evidence may be admitted if it has demonstrable circumstantial guarantees of trustworthiness. The court shall give effect to the rules of privilege recognized by law. The court shall apply the basic principles of relevancy, materiality and probative value to proof of all questions of fact. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record.

AB463, s. 127 Section 127. 48.299 (5) of the statutes is amended to read:

AB463,55,3 48.299 (5) On request of any party, unless good cause to the contrary is shown, any hearing under s. 48.209 (1) (e) or, 48.21 (1) or 48.213 (1) may be held on the record by telephone or live audio-visual means or testimony may be received by telephone or live audio-visual means as prescribed in s. 807.13 (2). The request and the showing of good cause for not conducting the hearing or admitting testimony by telephone or live audio-visual means may be made by telephone.

AB463, s. 128 Section 128. 48.30 (1) of the statutes is amended to read:

AB463,55,10 48.30 (1) Except as provided in this subsection, the hearing to determine whether any party wishes to contest an allegation that the child or unborn child is in need of protection or services shall take place on a date which allows reasonable time for the parties to prepare but is within 30 days after the filing of a petition for a child or an expectant mother who is not being held in secure custody or within 10 days after the filing of a petition for a child who is being held in secure custody.

AB463, s. 129 Section 129. 48.30 (2) of the statutes is amended to read:

AB463,55,19 48.30 (2) At the commencement of the hearing under this section the child and the parent, guardian or legal custodian, or the expectant mother and the unborn child through its guardian ad litem, shall be advised of their rights as specified in s. 48.243 and shall be informed that a request for a jury trial or for a substitution of judge under s. 48.29 must be made before the end of the plea hearing or be waived. Nonpetitioning parties, including the child, shall be granted a continuance of the plea hearing if they wish to consult with an attorney on the request for a jury trial or substitution of a judge.

AB463, s. 130 Section 130. 48.30 (3) of the statutes is amended to read:

AB463,56,2 48.30 (3) If a petition alleges that a child is in need of protection or services under s. 48.13, the nonpetitioning parties and the child, if he or she is 12 years of age or older or is otherwise competent to do so, shall state whether they desire to contest the petition. If a petition alleges that an unborn child is in need of protection or services under s. 48.133, the expectant mother of the unborn child shall state whether she desires to contest the petition.