AB463,81,222
48.365
(2m) (a) Any party may present evidence relevant to the issue of
23extension. The judge shall make findings of fact and conclusions of law based on the
24evidence, including
, in the case of a child who has been placed outside of his or her
25home, a finding as to whether reasonable efforts were made by the agency primarily
1responsible for providing services to the child to make it possible for the child to
2return to his or her home. An order shall be issued under s. 48.355.
AB463, s. 196
3Section
196. 48.365 (2m) (b) of the statutes is amended to read:
AB463,81,74
48.365
(2m) (b) If a child has been placed outside the home under s. 48.345
, or
5if an expectant mother has been placed in an inpatient facility, as defined in s. 51.01
6(10), under s. 48.347, and an extension is ordered under this subsection, the judge
7shall state in the record the reason for the extension.
AB463, s. 197
8Section
197. 48.396 (1) of the statutes is amended to read:
AB463,81,209
48.396
(1) Law enforcement officers' records of children shall be kept separate
10from records of adults.
Law enforcement officers' records of the expectant mothers
11of unborn children shall be kept separate from records of other adults. Law
12enforcement officers' records of children
and the expectant mothers of unborn
13children shall not be open to inspection or their contents disclosed except under sub.
14(1b) or (1d) or s. 48.293 or by order of the court. This subsection does not apply to the
15representatives of newspapers or other reporters of news who wish to obtain
16information for the purpose of reporting news without revealing the identity of the
17child
or expectant mother involved, to the confidential exchange of information
18between the police and officials of the school attended by the child or other law
19enforcement or social welfare agencies or to children 10 years of age or older who are
20subject to the jurisdiction of the court of criminal jurisdiction.
AB463, s. 198
21Section
198. 48.396 (1b) of the statutes is amended to read:
AB463,82,322
48.396
(1b) If requested by the parent, guardian or legal custodian of a child
23who is the subject of a law enforcement officer's report, or if requested by the child,
24if 14 years of age or over, a law enforcement agency may, subject to official agency
25policy, provide to the parent, guardian, legal custodian or child a copy of that report.
1If requested by an expectant mother of an unborn child who is the subject of a law
2enforcement officer's report, a law enforcement agency may, subject to official agency
3policy, provide to the expectant mother a copy of that report.
AB463, s. 199
4Section
199. 48.396 (1d) of the statutes is amended to read:
AB463,82,145
48.396
(1d) Upon the written permission of the parent, guardian or legal
6custodian of a child who is the subject of a law enforcement officer's report or upon
7the written permission of the child, if 14 years of age or over, a law enforcement
8agency may, subject to official agency policy, make available to the person named in
9the permission any reports specifically identified by the parent, guardian, legal
10custodian or child in the written permission.
Upon the written permission of an
11expectant mother of an unborn child who is the subject of a law enforcement officer's
12report, a law enforcement agency may, subject to official agency policy, make
13available to the person named in the permission any reports specifically identified
14by the expectant mother in the written permission.
AB463, s. 200
15Section
200. 48.396 (2) (aj) of the statutes is created to read:
AB463,82,2016
48.396
(2) (aj) Upon request of an expectant mother of an unborn child who is
17the subject of a record of a court specified in par. (a), the court shall open for
18inspection by the expectant mother the records of the court relating to that expectant
19mother, unless the court finds, after due notice and hearing, that inspection of those
20records by the expectant mother would result in imminent danger to anyone.
AB463, s. 201
21Section
201. 48.396 (2) (ap) of the statutes is created to read:
AB463,83,222
48.396
(2) (ap) Upon the written permission of an expectant mother of an
23unborn child who is the subject of a record of a court specified in par. (a), the court
24shall open for inspection by the person named in the permission any records
25specifically identified by the expectant mother in the written permission, unless the
1court finds, after due notice and hearing, that inspection of those records by the
2person named in the permission would result in imminent danger to anyone.
AB463, s. 202
3Section
202. 48.396 (5) (b) of the statutes is amended to read:
AB463,83,94
48.396
(5) (b) The court shall notify the child, the child's counsel, the child's
5parents and appropriate law enforcement agencies
, or shall notify the expectant
6mother, the unborn child by its guardian ad litem and appropriate law enforcement
7agencies, in writing of the petition. If any person notified objects to the disclosure,
8the court may hold a hearing to take evidence relating to the petitioner's need for the
9disclosure.
AB463, s. 203
10Section
203. 48.396 (5) (c) of the statutes is amended to read:
AB463,83,1811
48.396
(5) (c) The court shall make an inspection, which may be in camera, of
12the
child's records
of the child or expectant mother. If the court determines that the
13information sought is for good cause and that it cannot be obtained with reasonable
14effort from other sources,
it the court shall then determine whether the petitioner's
15need for the information outweighs society's interest in protecting its confidentiality.
16In making
this that determination, the court shall balance the
petitioner's interest
17of the petitioner in obtaining access to the record against the
child's interest
of the
18child or expectant mother in avoiding the stigma that might result from disclosure.
AB463, s. 204
19Section
204. 48.396 (5) (e) of the statutes is amended to read:
AB463,83,2220
48.396
(5) (e) The court shall record the reasons for its decision to disclose or
21not to disclose the
child's records
of the child or expectant mother. All records related
22to a decision under this subsection are confidential.
AB463, s. 205
23Section
205. 48.44 (1) of the statutes is amended to read:
AB463,83,2524
48.44
(1) The court has jurisdiction over persons 17 or older as provided under
25ss.
48.133, 48.355 (4) and 48.45 and as otherwise specifically provided in this chapter.
AB463, s. 206
1Section
206. 48.45 (1) (am) of the statutes is created to read:
AB463,84,72
48.45
(1) (am) If in the hearing of a case of an unborn child and its expectant
3mother alleged to be in a condition described in s. 48.133 it appears that any person
417 years of age or over has been guilty of contributing to, encouraging, or tending to
5cause by any act or omission, such condition of the unborn child and expectant
6mother, the judge may make orders with respect to the conduct of such person in his
7or her relationship to the unborn child and expectant mother.
AB463, s. 207
8Section
207. 48.45 (1) (b) of the statutes is amended to read:
AB463,84,169
48.45
(1) (b) An act or failure to act contributes to a condition of a child as
10described in s. 48.13
or an unborn child and its expectant mother as described in s.
1148.133, although the child is not actually adjudicated to come within the provisions
12of s. 48.13
or the unborn child and expectant mother are not actually adjudicated to
13come within the provisions of s. 48.133, if the natural and probable consequences of
14that act or failure to act would be to cause the child to come within the provisions of
15s. 48.13
or the unborn child and expectant mother to come within the provisions of
16s. 48.133.
AB463, s. 208
17Section
208. 48.45 (1r) of the statutes is created to read:
AB463,84,2018
48.45
(1r) In a proceeding in which an unborn child has been found to be in need
19of protection or services under s. 48.133, the judge may impose on the expectant
20mother any disposition permitted under s. 48.347.
AB463, s. 209
21Section
209. 48.45 (2) of the statutes is amended to read:
AB463,85,622
48.45
(2) No order under sub. (1) (a) or
(am) or (1m) (a) may be entered until
23the person who is the subject of the contemplated order is given an opportunity to be
24heard on the contemplated order. The court shall cause notice of the time, place and
25purpose of the hearing to be served on the person personally at least 10 days before
1the date of hearing. The procedure in these cases shall, as far as practicable, be the
2same as in other cases in the court. At the hearing the person may be represented
3by counsel and may produce and cross-examine witnesses. Any person who fails to
4comply with any order issued by a court under sub. (1) (a) or
(am) or (1m) (a) may be
5proceeded against for contempt of court. If the person's conduct involves a crime, the
6person may be proceeded against under the criminal law.
AB463, s. 210
7Section
210. 48.46 (1) of the statutes is amended to read:
AB463,85,158
48.46
(1) Except as provided in sub. (2),
the parent, guardian or legal custodian
9of the child or the child whose status is adjudicated by the court
, the parent, guardian
10or legal custodian of that child, the unborn child whose status is adjudicated by the
11court or the expectant mother of that unborn child may at any time within one year
12after the entering of the court's order petition the court for a rehearing on the ground
13that new evidence has been discovered affecting the advisability of the court's
14original adjudication. Upon a showing that such evidence does exist, the court shall
15order a new hearing.
AB463, s. 211
16Section
211. 48.48 (1) of the statutes is amended to read:
AB463,85,2417
48.48
(1) To promote the enforcement of the laws relating to nonmarital
18children
and, children in need of protection or services including developmentally
19disabled children
and unborn children in need of protection or services and to take
20the initiative in all matters involving the interests of
such those children
where and
21unborn children when adequate provision
therefor
for those interests is not made.
22This duty shall be discharged in cooperation with the courts, county departments,
23licensed child welfare agencies and with parents
, expectant mothers and other
24individuals interested in the welfare of children
and unborn children.
AB463, s. 212
25Section
212. 48.48 (16) of the statutes is amended to read:
AB463,86,2
148.48
(16) To establish and enforce standards for services provided under
s. ss. 248.345
and 48.347.
AB463, s. 213
3Section
213. 48.52 (2) (a) of the statutes is amended to read:
AB463,86,104
48.52
(2) (a) In addition to the facilities and services described in sub. (1), the
5department may use other facilities and services under its jurisdiction. The
6department may also contract for and pay for the use of other public facilities or
7private facilities for the care and treatment of children
and the expectant mothers
8of unborn children in its care. Placements in institutions for the mentally ill or
9developmentally disabled shall be made in accordance with ss. 48.14 (5)
, 48.347 (5) 10and 48.63 and ch. 51.
AB463, s. 214
11Section
214. 48.547 (1) of the statutes is amended to read:
AB463,87,212
48.547
(1) Legislative findings and purpose. The legislature finds that the use
13and abuse of alcohol and other drugs by children
and the expectant mothers of
14unborn children is a state responsibility of statewide dimension. The legislature
15recognizes that there is a lack of adequate procedures to screen, assess and treat
16children
and the expectant mothers of unborn children for alcohol and other drug
17abuse. To reduce the incidence of alcohol and other drug abuse by children
and the
18expectant mothers of unborn children, the legislature deems it necessary to
19experiment with solutions to the problems of the use and abuse of alcohol and other
20drugs by children
and the expectant mothers of unborn children by establishing a
21juvenile
and expectant mother alcohol and other drug abuse pilot program in a
22limited number of counties. The purpose of the program is to develop intake and
23court procedures that screen, assess and give new dispositional alternatives for
24children
and expectant mothers with needs and problems related to the use of alcohol
25beverages, controlled substances or controlled substance analogs who come within
1the jurisdiction of a court assigned to exercise jurisdiction under this chapter and ch.
2938 in the pilot counties selected by the department.
AB463, s. 215
3Section
215. 48.547 (3) (intro.), (b) and (d) of the statutes are amended to read:
AB463,87,94
48.547
(3) Multidisciplinary screen. (intro.)
By September 1, 1988, the The 5department shall
develop provide a multidisciplinary screen for the pilot program.
6The screen shall be used by an intake worker to determine whether or not a child
or
7an expectant mother of an unborn child is in need of an alcohol or other drug abuse
8assessment. The screen shall also include indicators that screen children
and
9expectant mothers for:
AB463,87,1010
(b) School
or, truancy
or work problems.
AB463,87,1111
(d) Delinquent
or criminal behavior patterns.
AB463, s. 216
12Section
216. 48.57 (1) (a) of the statutes is amended to read:
AB463,87,2213
48.57
(1) (a) To investigate the conditions surrounding nonmarital children
14and, children in need of protection or services including developmentally disabled
15children
and unborn children in need of protection or services within the county and
16to take every reasonable action within its power to secure for them the full benefit
17of all laws enacted for their benefit. Unless provided by another agency, the county
18department shall offer social services to the caretaker of any child
, and to the
19expectant mother of any unborn child, who is referred to it under the conditions
20specified in this paragraph. This duty shall be discharged in cooperation with the
21court and with the public officers or boards legally responsible for the administration
22and enforcement of
these those laws.
AB463, s. 217
23Section
217. 48.57 (1) (b) of the statutes is amended to read:
AB463,88,424
48.57
(1) (b) To accept legal custody of children transferred to it by the court
25under s. 48.355
, to accept supervision over expectant mothers of unborn children who
1are placed under its supervision under s. 48.355 and to provide special treatment and
2care
for children and expectant mothers if ordered by the court. A court may not
3order a county department to administer psychotropic medications to children
and
4expectant mothers who receive special treatment or care under this paragraph.
AB463, s. 218
5Section
218. 48.57 (1) (c) of the statutes is amended to read:
AB463,88,186
48.57
(1) (c) To provide appropriate protection and services for children
and the
7expectant mothers of unborn children in its care, including providing services for
8those children and their families
and for those expectant mothers in their own
9homes, placing
the those children in licensed foster homes,
licensed treatment foster
10homes or
licensed group homes in this state or another state within a reasonable
11proximity to the agency with legal custody or contracting for services for
them those
12children by licensed child welfare agencies, except that the county department
shall 13may not purchase the educational component of private day treatment programs
14unless the county department, the school board as defined in s. 115.001 (7) and the
15department of education state superintendent of public instruction all determine
16that an appropriate public education program is not available. Disputes between the
17county department and the school district shall be resolved by the
department of
18education state superintendent of public instruction.
AB463, s. 219
19Section
219. 48.57 (1) (g) of the statutes is amended to read:
AB463,88,2220
48.57
(1) (g) Upon request of the department of health and family services or
21the department of corrections, to provide service for any child
or expectant mother
22of an unborn child in the care of those departments.
AB463, s. 220
23Section
220. 48.57 (2) of the statutes is amended to read:
AB463,89,224
48.57
(2) In performing the functions specified in sub. (1) the county
25department may avail itself of the cooperation of any individual or private agency or
1organization interested in the social welfare of children
and unborn children in the
2county.
AB463, s. 221
3Section
221. 48.59 (1) of the statutes is amended to read:
AB463,89,194
48.59
(1) The county department shall investigate the personal and family
5history and environment of any child transferred to its legal custody or placed under
6its supervision under s. 48.345
and of every expectant mother of an unborn child
7placed under its supervision under s. 48.347 and make any physical or mental
8examinations of the child
or expectant mother considered necessary to determine the
9type of care necessary for the child
or expectant mother. The county department
10shall screen a child
or expectant mother who is examined under this subsection to
11determine whether the child
or expectant mother is in need of special treatment or
12care because of alcohol or other drug abuse, mental illness or severe emotional
13disturbance. The county department shall keep a complete record of the information
14received from the court, the date of reception, all available data on the personal and
15family history of the child
or expectant mother, the results of all tests and
16examinations given the child
or expectant mother and a complete history of all
17placements of the child while in the legal custody or under the supervision of the
18county department
or of the expectant mother while under the supervision of the
19county department.
AB463, s. 222
20Section
222. 48.59 (2) of the statutes is amended to read:
AB463,89,2421
48.59
(2) At the department's request, the county department shall report to
22the department regarding children
who are in the legal custody or under the
23supervision of the county department
and expectant mothers of unborn children who
24are under the supervision of the county department.
AB463, s. 223
25Section
223. 48.78 (2) (aj) of the statutes is created to read:
AB463,90,5
148.78
(2) (aj) Paragraph (a) does not prohibit an agency from making available
2for inspection or disclosing the contents of a record, upon the request of an expectant
3mother of an unborn child who is the subject of the record to the expectant mother,
4unless the agency determines that inspection of those records by the expectant
5mother would result in imminent danger to anyone.
AB463, s. 224
6Section
224. 48.78 (2) (ap) of the statutes is created to read:
AB463,90,137
48.78
(2) (ap) Paragraph (a) does not prohibit an agency from making available
8for inspection or disclosing the contents of a record, upon the written permission of
9an expectant mother of an unborn child who is the subject of the record to the person
10named in the permission if the expectant mother specifically identifies the record in
11the written permission, unless the agency determines that inspection of those
12records by the person named in the permission would result in imminent danger to
13anyone.
AB463, s. 225
14Section
225. 48.981 (title) of the statutes is amended to read:
AB463,90,16
1548.981 (title)
Abused or neglected children
and abused unborn
16children.
AB463, s. 226
17Section
226. 48.981 (1) (ct) of the statutes is created to read:
AB463,90,1918
48.981
(1) (ct) "Indian unborn child" means an unborn child whose expectant
19mother is affiliated with an Indian tribe or band in any of the following ways:
AB463,90,2020
1. As a member of the tribe or band.
AB463,90,2221
2. As a person who is both eligible for membership in the tribe or band and the
22biological child of a member of the tribe or band.
AB463, s. 227
23Section
227. 48.981 (1) (h) (intro.) of the statutes is amended to read:
AB463,90,2524
48.981
(1) (h) (intro.) "Subject" means a person named in a report or record as
25either any of the following:
AB463, s. 228
1Section
228. 48.981 (1) (h) 1m. of the statutes is created to read:
AB463,91,32
48.981
(1) (h) 1m. An unborn child who is the victim or alleged victim of abuse
3or who is at substantial risk of abuse.
AB463, s. 229
4Section
229. 48.981 (1) (h) 2. of the statutes is amended to read:
AB463,91,65
48.981
(1) (h) 2. A person who is suspected of abuse or neglect or who has been
6determined to have abused or neglected a child
or to have abused an unborn child.
AB463, s. 230
7Section
230. 48.981 (2) of the statutes is amended to read:
AB463,92,68
48.981
(2) Persons required to report. A physician, coroner, medical
9examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or
10mental health professional, social worker, marriage and family therapist,
11professional counselor, public assistance worker, including a financial and
12employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or
13counselor, mediator under s. 767.11, child care worker in a day care center or child
14caring institution, day care provider, alcohol or other drug abuse counselor, member
15of the treatment staff employed by or working under contract with a county
16department under s. 46.23, 51.42 or 51.437, physical therapist, occupational
17therapist, dietitian, speech-language pathologist, audiologist, emergency medical
18technician or police or law enforcement officer having reasonable cause to suspect
19that a child seen in the course of professional duties has been abused or neglected
20or, having reasonable cause to suspect that an unborn child seen in the course of
21professional duties has been abused, having reason to believe that a child seen in the
22course of professional duties has been threatened with abuse or neglect and that
23abuse or neglect of the child will occur
or having reason to believe that an unborn
24child seen in the course of professional duties is at substantial risk of abuse shall,
25except as provided under sub. (2m), report as provided in sub. (3). Any other person,
1including an attorney, having reason to suspect that a child has been abused or
2neglected
or, reason to suspect that an unborn child has been abused, reason to
3believe that a child has been threatened with abuse or neglect and that abuse or
4neglect of the child will occur
or reason to believe that an unborn child is at
5substantial risk of abuse may make such a report. No person making a report under
6this subsection may be discharged from employment for so doing.
AB463, s. 231
7Section
231. 48.981 (3) (a) of the statutes is amended to read:
AB463,92,168
48.981
(3) (a)
Referral of report. A person required to report under sub. (2) shall
9immediately inform, by telephone or personally, the county department or the sheriff
10or city, village or town police department of the facts and circumstances contributing
11to a suspicion of child abuse or neglect
or of unborn child abuse or to a belief that
12abuse or neglect will occur. The sheriff or police department shall within 12 hours,
13exclusive of Saturdays, Sundays or legal holidays, refer to the county department all
14cases reported to it. The county department may require that a subsequent report
15be made in writing. Each county department shall adopt a written policy specifying
16the kinds of reports it will routinely report to local law enforcement authorities.
AB463, s. 232
17Section
232. 48.981 (3) (b) 1. of the statutes is amended to read:
AB463,92,2418
48.981
(3) (b) 1. Any person reporting under this section may request an
19immediate investigation by the sheriff or police department if the person has reason
20to suspect that
a child's the health or safety
of a child or of an unborn child is in
21immediate danger. Upon receiving such a request, the sheriff or police department
22shall immediately investigate to determine if there is reason to believe that the
23child's health or safety
of the child or unborn child is in immediate danger and take
24any necessary action to protect the child
or unborn child.
AB463, s. 233
25Section
233. 48.981 (3) (b) 2m. of the statutes is created to read:
AB463,93,4
148.981
(3) (b) 2m. If the investigating officer has reason under s. 48.193 (1) (c)
2or (d) 2. to take the expectant mother of an unborn child into custody, the
3investigating officer shall take the expectant mother into custody and deliver the
4expectant mother to the intake worker under s. 48.203.
AB463, s. 234
5Section
234. 48.981 (3) (bm) (intro.) of the statutes is amended to read:
AB463,93,156
48.981
(3) (bm)
Notice of report to Indian tribal agent. (intro.) In a county
7which has wholly or partially within its boundaries a federally recognized Indian
8reservation or a bureau of Indian affairs service area for the Winnebago tribe, if a
9county department which receives a report under par. (a) pertaining to a child
or
10unborn child knows that
he or she the child or unborn child is an Indian child who
11resides in the county
or is an Indian unborn child whose expectant mother resides
12in the county, the county department shall provide notice, which shall consist only
13of the name and address of the child
or expectant mother and the fact that a report
14has been received about that child
or unborn child, within 24 hours to one of the
15following:
AB463, s. 235
16Section
235. 48.981 (3) (bm) 1. of the statutes is amended to read:
AB463,93,1917
48.981
(3) (bm) 1. If the county department knows with which tribe or band the
18child
or expectant mother is affiliated and it is a Wisconsin tribe or band, the tribal
19agent of that tribe or band.
AB463, s. 236
20Section
236. 48.981 (3) (bm) 2. of the statutes is amended to read:
AB463,93,2421
48.981
(3) (bm) 2. If the county department does not know with which tribe or
22band the child
or expectant mother is affiliated or the child
or expectant mother is
23not affiliated with a Wisconsin tribe or band, the tribal agent serving the reservation
24or Winnebago service area where the child
or expectant mother resides.
AB463, s. 237
25Section
237. 48.981 (3) (c) 1. of the statutes is amended to read:
AB463,95,2
148.981
(3) (c) 1. Within 24 hours after receiving a report under par. (a), the
2county department or licensed child welfare agency under contract with the county
3department shall, in accordance with the authority granted to the county
4department under s. 48.57 (1) (a), initiate a diligent investigation to determine if the
5child
or unborn child is in need of protection or services. The investigation shall be
6conducted in accordance with standards established by the department for
7conducting child abuse and neglect investigations
or unborn child abuse
8investigations. If the investigation is of a report of abuse or neglect or threatened
9abuse or neglect by a caregiver specified in sub. (1) (am) 5. to 8. who continues to have
10access to the child or a caregiver specified in sub. (1) (am) 1. to 4., or of a report that
11does not disclose who is suspected of the abuse or neglect and in which the
12investigation does not disclose who abused or neglected the child, the investigation
13shall also include observation of or an interview with the child, or both, and, if
14possible, an interview with the child's parents, guardian or legal custodian. If the
15investigation is of a report of abuse or neglect or threatened abuse or neglect by a
16caregiver who continues to reside in the same dwelling as the child, the investigation
17shall also include, if possible, a visit to that dwelling. At the initial visit to the child's
18dwelling, the person making the investigation shall identify himself or herself and
19the county department or licensed child welfare agency involved to the child's
20parents, guardian or legal custodian. The county department or licensed child
21welfare agency under contract with the county department may contact, observe or
22interview the child at any location without permission from the child's parent,
23guardian or legal custodian if necessary to determine if the child is in need of
24protection or services, except that the person making the investigation may enter a
1child's dwelling only with permission from the child's parent, guardian or legal
2custodian or after obtaining a court order to do so.