AB463: Bill Text

AB463, s. 269 Section 269. 48.982 (2) (g) 3. of the statutes is amended to read:

AB463,105,13 48.982 (2) (g) 3. Encourage professional persons and groups to recognize and deal with problems of child abuse and neglect and unborn child abuse.

AB463, s. 270 Section 270. 48.982 (2) (g) 4. of the statutes is amended to read:

AB463,105,17 48.982 (2) (g) 4. Disseminate information about the problems of child abuse and neglect and unborn child abuse to the public and to organizations concerned with those problems.

AB463, s. 271 Section 271. 48.982 (2) (g) 5. of the statutes is amended to read:

AB463,105,21 48.982 (2) (g) 5. Encourage the development of community child abuse and neglect prevention programs and community unborn child abuse prevention programs.

AB463, s. 272 Section 272. 48.982 (2) (gm) of the statutes is amended to read:

AB463,106,2 48.982 (2) (gm) Provide, for use by the board in its statewide projects under sub. (5) and for use by organizations that receive grants under subs. (4), (6) and (7), educational and public informational materials and programming that emphasize the role of fathers in the primary prevention of child abuse and neglect and in the primary prevention of unborn child abuse.

AB463, s. 273 Section 273. 48.982 (4) (d) (intro.) of the statutes is amended to read:

AB463,106,6 48.982 (4) (d) (intro.) The board shall award grants to organizations for programs for the primary prevention of child abuse and neglect and for the primary prevention of unborn child abuse, including, but not limited to:

AB463, s. 274 Section 274. 48.982 (4) (d) 1. of the statutes is amended to read:

AB463,106,10 48.982 (4) (d) 1. Programs to promote public awareness of the need for the prevention of child abuse and neglect and of the need for the prevention of unborn child abuse.

AB463, s. 275 Section 275. 48.982 (4) (d) 3. of the statutes is amended to read:

AB463,106,15 48.982 (4) (d) 3. Community-based programs relating to crisis care, early identification of children at risk of child abuse or neglect and of unborn children at risk of abuse, and education, training and support groups for parents, expectant mothers, children and families.

AB463, s. 276 Section 276. 48.982 (4) (e) of the statutes is amended to read:

AB463,106,21 48.982 (4) (e) In determining which organizations shall receive grants, the board shall consider whether the applicant's proposal will further the coordination of child abuse and neglect services and unborn child abuse services between the organization and other resources, public and private, in the community and the state.

AB463, s. 277 Section 277. 48.985 (1) of the statutes is amended to read:

AB463,107,5 48.985 (1) Federal program operations. From the appropriation under s. 20.435 (3) (n), the department shall expend not more than $543,700 in fiscal year 1995-96 and not more than $543,700 in fiscal year 1996-97 of the moneys received under 42 USC 620 to 626 for the department's expenses in connection with administering the expenditure of funds received under 42 USC 620 to 626, for child welfare projects and services provided or purchased by the department, for child abuse and neglect and unborn child abuse independent investigations and for providing child-at-risk and unborn child-at-risk field training to counties.

AB463, s. 278 Section 278. 48.985 (2) (a) of the statutes is renumbered 48.985 (2) and amended to read:

AB463,107,13 48.985 (2) From the appropriation under s. 20.435 (7) (o), the department shall distribute not more than $3,919,800 in each fiscal year of the moneys received under 42 USC 620 to 626 to county departments under ss. 46.215, 46.22 and 46.23 for the provision or purchase of child welfare projects and services, for services to children and families, for services to the expectant mothers of unborn children and for family-based child welfare services.

AB463, s. 279 Section 279. 146.82 (2) (a) 11. of the statutes is amended to read:

AB463,107,25 146.82 (2) (a) 11. To a county department, as defined under s. 48.02 (2g), a sheriff or police department or a district attorney for purposes of investigation of threatened or suspected child abuse or neglect or suspected unborn child abuse or for purposes of prosecution of alleged child abuse or neglect or alleged unborn child abuse, if the person conducting the investigation or prosecution identifies the subject of the record by name. The health care provider may release information by initiating contact with a county department, sheriff or police department or district attorney without receiving a request for release of the information. A person to whom a report or record is disclosed under this subdivision may not further disclose it, except to the persons, for the purposes and under the conditions specified in s. 48.981 (7).

AB463, s. 280 Section 280. 301.01 (2) (cm) of the statutes is created to read:

AB463,108,3 301.01 (2) (cm) Any expectant mother held in custody under ss. 48.193 to 48.213.

AB463, s. 281 Section 281. 757.69 (1) (g) of the statutes is amended to read:

AB463,108,20 757.69 (1) (g) When assigned to the court assigned jurisdiction under chs. 48 and 938, a court commissioner may, under ch. 48 or 938, issue summonses and warrants, order the release or detention of children apprehended or expectant mothers of unborn children taken into custody, conduct detention and shelter care hearings, conduct preliminary appearances, conduct uncontested proceedings under ss. 48.13, 48.133, 938.12, 938.13 and 938.18, enter into consent decrees and exercise the powers and perform the duties specified in par. (j) or (m), whichever is applicable, in proceedings under s. 813.122 or 813.125 in which the respondent is a child. Contested waiver hearings under s. 938.18 and dispositional hearings under ss. 48.335 and 938.335 shall be conducted by a judge. When acting in an official capacity and assigned to the children's court center, a court commissioner shall sit at the children's court center or such other facility designated by the chief judge. Any decision by the commissioner shall be reviewed by the judge of the branch of court to which the case has been assigned, upon motion of any party. Any determination, order or ruling by the commissioner may be certified to the branch of court to which such case has been assigned upon a motion of any party for a hearing de novo.

AB463, s. 282 Section 282. 808.075 (4) (a) 4. of the statutes is amended to read:

AB463,108,23 808.075 (4) (a) 4. Hearing for child held in custody under s. 48.21 or an expectant mother of an unborn child held in custody under s. 48.213.

AB463, s. 283 Section 283. 813.122 (1) (a) of the statutes is amended to read:

AB463,109,3 813.122 (1) (a) "Abuse" has the meaning given in s. 48.02 (1) (a) and (b) to (gm) and, in addition, includes a threat to engage in any conduct under s. 48.02 (1), other than conduct under s. 48.02 (1) (am).

AB463, s. 284 Section 284. 904.085 (4) (d) of the statutes is amended to read:

AB463,109,7 904.085 (4) (d) A mediator reporting child or unborn child abuse under s. 48.981 or reporting nonidentifying information for statistical, research or educational purposes does not violate this section.

AB463, s. 285 Section 285. 905.04 (4) (e) (title) of the statutes is amended to read:

AB463,109,9 905.04 (4) (e) (title) Abused or neglected child or abused unborn child.

AB463, s. 286 Section 286. 905.04 (4) (e) 3. of the statutes is created to read:

AB463,109,17 905.04 (4) (e) 3. There is no privilege in situations where the examination of the expectant mother of an abused unborn child creates a reasonable ground for an opinion of the physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor that the physical injury inflicted on the unborn child was caused by the habitual lack of self-control of the expectant mother of the unborn child in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree.

AB463, s. 287 Section 287. 938.245 (8) of the statutes is amended to read:

AB463,109,24 938.245 (8) If the obligations imposed under the deferred prosecution agreement are met, the intake worker shall so inform the juvenile and a parent, guardian and legal custodian in writing, and no petition may be filed or citation issued on the charges that brought about the deferred prosecution agreement nor may the charges be the sole basis for a petition under s. 48.13, 48.133, 48.14, 938.13 or 938.14.

AB463, s. 288 Section 288. Initial applicability.

AB463,110,10 (1) This act first applies to an expectant mother of an unborn child, as defined in section 48.02 (19) of the statutes, as created by this act, who exhibits a lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, to a severe degree, on the effective date of this subsection, but does not preclude consideration of a lack of that self-control exhibited before the effective date of this subsection in determining whether the lack of that self-control is habitual or is habitually exhibited to a severe degree, or in determining whether there is a substantial risk that the physical health of the unborn child, or of the child when born, will be seriously affected or endangered due to the habitual lack of that self-control, exhibited to a severe degree.

AB463,110,11 (End)