AB463: Bill Text

Under current law, county departments have authority to investigate the conditions surrounding children in need of protection or services and to take every reasonable action within their powers to secure for them the full benefit of all laws enacted for their benefit. This bill extends that authority to include unborn children in need of protection or services.

Under current law, the child abuse and neglect prevention board awards grants and performs other duties to promote the prevention of child abuse and neglect. This bill extends the duties of the board to include the prevention of unborn child abuse.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB463, s. 1 Section 1. 15.195 (4) (g) of the statutes is amended to read:

AB463,8,12 15.195 (4) (g) Eight public members appointed by the governor for staggered 3-year terms. Six of the public members shall be appointed on the basis of expertise, experience and interest in the prevention of child abuse and neglect or in the prevention of unborn child abuse or on the basis of expertise and experience in intervention in cases of child abuse and neglect or unborn child abuse. One public member shall be an adult who was a victim of abuse or neglect as a child or of abuse as an unborn child. One public member shall be a parent who formerly abused or neglected one or more of his or her children, or who formerly abused one or more of her unborn children, and who has received treatment or advice from an organization that provides child abuse and neglect or unborn child abuse prevention and intervention services.

AB463, s. 2 Section 2. 38.24 (1s) of the statutes is amended to read:

AB463,9,6 38.24 (1s) Additional fees. A district board may establish and charge a fee in addition to the fees under sub. (1m) for a court-approved alcohol or other drug abuse education program offered to individuals under s. 48.245 (2) (a) 4., 48.345 (13) (b), 48.347 (4) (b), 938.245 (2) (a) 4., 938.32 (1g) (b), 938.34 (6r) (b) or (14s) (b) 3., 938.343 (10) (c) or 938.344 (2g) (a).

AB463, s. 3 Section 3. 46.001 of the statutes is amended to read:

AB463,9,17 46.001 Purposes of chapter. The purposes of this chapter are to conserve human resources in Wisconsin; to provide a just and humane program of services to children and unborn children in need of protection or services and, nonmarital children and the expectant mothers of those unborn children; to prevent dependency, mental illness, developmental disability, mental infirmity and other forms of social maladjustment by a continuous attack on causes; to provide effective aid and services to all persons in need thereof and to assist those persons to achieve or regain self-dependence at the earliest possible date; to avoid duplication and waste of effort and money on the part of public and private agencies; and to coordinate and integrate a social welfare program.

AB463, s. 4 Section 4. 46.03 (7) (a) of the statutes is amended to read:

AB463,9,25 46.03 (7) (a) Promote the enforcement of laws for the protection of developmentally disabled children, children and unborn children in need of protection or services and nonmarital children; and to this end cooperate with courts assigned to exercise jurisdiction under chs. 48 and 938 and , licensed child welfare agencies and public and private institutions (public and private) and take the initiative in all matters involving the interests of such those children where and unborn children when adequate provision therefor for those interests has not already been made, including the establishment and enforcement of standards for services provided under s. ss. 48.345 and 48.347.

AB463, s. 5 Section 5. 46.40 (7m) of the statutes is amended to read:

AB463,10,17 46.40 (7m) Use by county of community aids funds to pay private attorneys for certain proceedings under the children's code. Upon application by a county department under s. 46.215, 46.22 or 46.23 to the department for permission to use funds allocated to that county department under sub. (2) to employ private counsel for the purposes specified in this subsection and a determination by the department that use of funds for those purposes does not affect any federal grants or federal funding allocated under this section, the department and the county department shall execute a contract authorizing the county department to expend, as agreed upon in the contract, funds allocated to that county department under sub. (2) to permit the county department to employ private counsel to represent the interests of the state or county in proceedings under ch. 48 relating to child abuse or neglect cases, unborn child abuse cases, proceedings to terminate parental rights and any ch. 48 cases or proceedings involving the Indian child welfare act, 25 USC 1901 to 1963.

AB463, s. 6 Section 6. 46.51 (title) of the statutes is amended to read:

AB463,10,19 46.51 (title) Child abuse and neglect and unborn child abuse services.

AB463, s. 7 Section 7. 46.51 (1) of the statutes is amended to read:

AB463,10,24 46.51 (1) From the amounts distributed under s. 46.40 (1) for services for children and families, the department shall distribute funds to eligible counties for services related to child abuse and neglect and to unborn child abuse, including child abuse and neglect and unborn child abuse prevention, investigation and treatment.

AB463, s. 8 Section 8. 46.51 (3) of the statutes is amended to read:

AB463,11,4 46.51 (3) The department shall distribute the funds under sub. (1) to counties that have a serious problem with child abuse and neglect or with unborn child abuse according to eligibility criteria and distribution criteria to be developed by the department.

AB463, s. 9 Section 9. 46.51 (4) of the statutes is amended to read:

AB463,11,9 46.51 (4) A county may use the funds distributed under this section to fund additional foster parents and treatment foster parents to care for abused and neglected children and to fund additional staff positions to provide services related to child abuse and neglect and to unborn child abuse.

AB463, s. 10 Section 10. 46.51 (5) of the statutes is amended to read:

AB463,11,14 46.51 (5) A county may not use the funds distributed under this section to reduce its expenditures from other sources for services related to child abuse and neglect or to unborn child abuse below the level in the year before the year for which the funds are distributed.

AB463, s. 11 Section 11. 46.95 (2) (a) of the statutes is amended to read:

AB463,11,21 46.95 (2) (a) The secretary shall make grants from the appropriations under s. 20.435 (1) (cd) and (hh) to organizations for the provision of any of the services specified in sub. (1) (d). Grants may be made to organizations which have provided those domestic abuse services in the past or to organizations which propose to provide those services in the future. No grant may be made to fund services for child or unborn child abuse or abuse of elderly persons.

AB463, s. 12 Section 12. 48.01 (1) (intro.) of the statutes is amended to read:

AB463,12,2 48.01 (1) (intro.)  This chapter may be cited as "The Children's Code". In construing this chapter, the best interests of the child or unborn child shall always be of paramount consideration. This chapter shall be liberally construed to effectuate the following express legislative purposes:

AB463, s. 13 Section 13. 48.01 (1) (a) of the statutes is amended to read:

AB463,12,18 48.01 (1) (a) While recognizing that the paramount goal of this chapter is to protect children and unborn children, to preserve the unity of the family, whenever appropriate, by strengthening family life through assisting parents and the expectant mothers of unborn children, whenever appropriate, in fulfilling their parental responsibilities as parents or expectant mothers. The courts and agencies responsible for child welfare should assist parents and the expectant mothers of unborn children in changing any circumstances in the home which might harm the child or unborn child, which may require the child to be placed outside the home or which may require the expectant mother to be taken into custody. The courts should recognize that they have the authority, in appropriate cases, not to reunite a child with his or her family. The courts and agencies responsible for child welfare should also recognize that instability and impermanence in family relationships are contrary to the welfare of children and should therefore recognize the importance of eliminating the need for children to wait unreasonable periods of time for their parents to correct the conditions that prevent their return to the family.

AB463, s. 14 Section 14. 48.01 (1) (am) of the statutes is created to read:

AB463,13,3 48.01 (1) (am) To recognize that unborn children have certain basic needs which must be provided for, including the need to be free from physical injury and the need to develop physically to their potential. It is further recognized that, when an expectant mother of an unborn child suffers from an alcohol or other drug abuse impairment, in order to ensure that the needs of the unborn child, as described in this paragraph, are provided for, the court may determine that it is in the best interests of the unborn child for the expectant mother to be ordered to receive treatment, including inpatient treatment, for her alcohol or other drug abuse impairment, consistent with any applicable law relating to the rights of the expectant mother.

AB463, s. 15 Section 15. 48.01 (1) (bm) of the statutes is created to read:

AB463,13,7 48.01 (1) (bm) To ensure that unborn children are protected against the harmful effects resulting from the destructive behavior of their expectant mothers in providing care and protection for their unborn children.

AB463, s. 16 Section 16. 48.01 (1) (br) of the statutes is amended to read:

AB463,13,14 48.01 (1) (br) To encourage innovative and effective prevention, intervention and treatment approaches, including collaborative community efforts and the use of community-based programs, as significant strategies in planning and implementing legislative, executive and local government policies and programs relating to children and their families and substitute families and to unborn children and their expectant mothers.

AB463, s. 17 Section 17. 48.01 (1) (dm) of the statutes is amended to read:

AB463,13,18 48.01 (1) (dm) To divert children and unborn children from formal proceedings under this chapter to the extent that this is consistent with protection of children, unborn children and the public safety.

AB463, s. 18 Section 18. 48.02 (1) (am) of the statutes is created to read:

AB463,13,23 48.02 (1) (am) Serious physical injury inflicted on an unborn child, and on the child when born, 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. 19 Section 19. 48.02 (1e) of the statutes is amended to read:

AB463,14,6 48.02 (1e) "Alcohol and other drug abuse impairment" means a condition of a person which is exhibited by characteristics of habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs to the extent that the person's health, or the health of the person's unborn child, is substantially affected or endangered or the person's social or economic functioning is substantially disrupted.

AB463, s. 20 Section 20. 48.02 (17m) of the statutes is amended to read:

AB463,14,15 48.02 (17m) "Special treatment or care" means professional services which need to be provided to a child or his or her family to protect the well-being of the child, prevent placement of the child outside the home or meet the special needs of the child. "Special treatment or care" also means professional services which need to be provided to the expectant mother of an unborn child to protect the physical health of the unborn child and of the child when born. This term includes, but is not limited to, medical, psychological or psychiatric treatment, alcohol or other drug abuse treatment or other services which the court finds to be necessary and appropriate.

AB463, s. 21 Section 21. 48.02 (19) of the statutes is created to read:

AB463,14,19 48.02 (19) "Unborn child" means an unborn human who 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, s. 22 Section 22. 48.06 (1) (a) 1. of the statutes is amended to read:

AB463,15,10 48.06 (1) (a) 1. In counties with a population of 500,000 or more, the county board of supervisors shall provide the court with the services necessary for investigating and supervising cases by operating a children's court center under the supervision of a director who is appointed as provided in s. 46.21 (1m) (a). The director is the chief administrative officer of the center and of the intake and probation sections and secure detention facilities of the center except as otherwise provided in this subsection. The director is charged with administration of the personnel and services of the sections and of the secure detention facilities, and is responsible for supervising both the operation of the physical plant and the maintenance and improvement of the buildings and grounds of the center. The center shall include investigative services for all children and unborn children alleged to be in need of protection or services to be provided by the county department, and the services of an assistant district attorney or assistant corporation counsel or both, who shall be assigned to the center to provide investigative as well as legal work in the cases.

AB463, s. 23 Section 23. 48.06 (1) (a) 3. of the statutes is amended to read:

AB463,16,9 48.06 (1) (a) 3. The county board of supervisors shall develop policies and establish necessary rules for the management and administration of the nonjudicial operations of the children's court center. The director of the center shall report and is responsible to the director of the county department for the execution of all nonjudicial operational policies and rules governing the center, including activities of probation officers whenever they are not performing services for the court. The director of the center is also responsible for the preparation and submission to the county board of supervisors of the annual budget for the center except for the judicial functions or responsibilities which are delegated by law to the judge or judges and clerk of circuit court. The county board of supervisors shall make provision in the organization of the office of director for the devolution of the director's authority in the case of temporary absence, illness, disability to act or a vacancy in position and shall establish the general qualifications for the position. The county board of supervisors also has the authority to investigate, arbitrate and resolve any conflict in the administration of the center as between judicial and nonjudicial operational policy and rules. The county board of supervisors does not have authority and may not assert jurisdiction over the disposition of any case or , child, unborn child or expectant mother of an unborn child after a written order is made under s. 48.21 or 48.213 or if a petition is filed under s. 48.25. All personnel of the intake and probation sections and of the secure detention facilities shall be appointed under civil service by the director except that existing court service personnel having permanent civil service status may be reassigned to any of the respective sections within the center specified in this paragraph.

AB463, s. 24 Section 24. 48.06 (1) (am) 3. of the statutes is amended to read:

AB463,16,16 48.06 (1) (am) 3. Each intake worker whose responsibilities include investigation or treatment of child abuse or neglect or unborn child abuse shall successfully complete additional training in child abuse and neglect and unborn child abuse protective services approved by the department under s. 48.981 (8) (d). Not more than 4 hours of the additional training may be applied to the requirement under subd. 1.

AB463, s. 25 Section 25. 48.06 (2) (c) of the statutes is amended to read:

AB463,16,23 48.06 (2) (c) Each intake worker whose responsibilities include investigation or treatment of child abuse or neglect or unborn child abuse shall successfully complete additional training in child abuse and neglect and unborn child abuse protective services approved by the department under s. 48.981 (8) (d). Not more than 4 hours of the additional training may be applied to the requirement under par. (b).

AB463, s. 26 Section 26. 48.065 (1) of the statutes is amended to read:

AB463,17,9 48.065 (1) The board of supervisors of any county may authorize the chief judge of the judicial administrative district to appoint one or more part-time or full-time juvenile court commissioners who shall serve at the discretion of the chief judge. A juvenile court commissioner shall be licensed to practice law in this state and shall have been so licensed for at least 2 years immediately prior to appointment and shall have a demonstrated interest in the welfare of children and unborn children. The chief judge may assign law clerks, bailiffs and deputies to the court commissioner. The chief judge shall supervise juvenile court commissioners, law clerks, bailiffs and deputies, except that the chief judge may delegate any of those duties.

AB463, s. 27 Section 27. 48.065 (2) (bm) of the statutes is created to read:

AB463,17,12 48.065 (2) (bm) Conduct hearings under s. 48.213 and thereafter order an expectant mother of an unborn child to be held in or released from custody.

AB463, s. 28 Section 28. 48.065 (2) (gm) of the statutes is amended to read:

AB463,17,14 48.065 (2) (gm) Conduct uncontested proceedings under s. ss. 48.13 and 48.133.

AB463, s. 29 Section 29. 48.065 (3) (c) of the statutes is amended to read:

AB463,17,17 48.065 (3) (c) Make dispositions other than approving consent decrees and other than dispositions in uncontested proceedings under s. 48.13 or 48.133.

AB463, s. 30 Section 30. 48.065 (3) (e) of the statutes is amended to read:

AB463,17,21 48.065 (3) (e) Make changes in placements of children or of the expectant mothers of unborn children, or revisions or extensions of dispositional orders, except in uncontested proceedings under s. 48.13 or 48.133.

AB463, s. 31 Section 31. 48.067 (1) of the statutes is amended to read:

AB463,17,25 48.067 (1) Provide intake services 24 hours a day, 7 days a week, for the purpose of screening children and the expectant mothers of unborn children taken into custody and not released under s. 48.20 (2);

AB463, s. 32 Section 32. 48.067 (2) of the statutes is amended to read:

AB463,18,15 48.067 (2) Interview, unless impossible, any child or expectant mother of an unborn child who is taken into physical custody and not released, and where when appropriate interview other available concerned parties. If the child cannot be interviewed, the intake worker shall consult with the child's parent or a responsible adult. If the expectant mother of an unborn child cannot be interviewed, the intake worker shall consult with an adult relative or friend of the expectant mother. No child may be placed in a secure detention facility unless the child has been interviewed in person by an intake worker, except that if the intake worker is in a place which is distant from the place where the child is or the hour is unreasonable, as defined by written court intake rules, and if the child meets the criteria under s. 48.208, the intake worker, after consulting by telephone with the law enforcement officer who took the child into custody, may authorize the secure holding of the child while the intake worker is en route to the in-person interview or until 8 a.m. of the morning after the night on which the child was taken into custody.

AB463, s. 33 Section 33. 48.067 (3) of the statutes is amended to read:

AB463,18,19 48.067 (3) Determine whether the child or the expectant mother of an unborn child shall be held under s. 48.205 and such policies as the judge shall promulgate under s. 48.06 (1) or (2);

AB463, s. 34 Section 34. 48.067 (4) of the statutes is amended to read:

AB463,18,22 48.067 (4) If the child or the expectant mother of an unborn child is not released, determine where the child or expectant mother shall be held;

AB463, s. 35 Section 35. 48.067 (8) of the statutes is amended to read:

AB463,19,3 48.067 (8) Make interim recommendations to the court concerning children, and unborn children and their expectant mothers, awaiting final disposition under s. 48.355; and

AB463, s. 36 Section 36. 48.069 (1) (a) of the statutes is amended to read:

AB463,19,7 48.069 (1) (a) Supervise and assist a child and the child's family or the expectant mother of an unborn child pursuant to informal dispositions, a consent decree or order of the court.

AB463, s. 37 Section 37. 48.069 (1) (c) of the statutes is amended to read:

AB463,19,11 48.069 (1) (c) Make an affirmative effort to obtain necessary or desired services for the child and the child's family or for the expectant mother of an unborn child and investigate and develop resources toward that end.

AB463, s. 38 Section 38. 48.07 (4) of the statutes is amended to read:

AB463,19,20 48.07 (4) County departments that provide developmental disabilities, mental health or alcohol and other drug abuse services. Within the limits of available state and federal funds and of county funds appropriated to match state funds, the court may order county departments established under s. 51.42 or 51.437 to provide special treatment or care to a child if special treatment or care has been ordered under s. 48.345 (6) and if s. 48.362 (4) applies or to provide special treatment or care to the expectant mother of an unborn child if special treatment or care has been ordered under s. 48.347 (3) and if s. 48.362 (4) applies.

AB463, s. 39 Section 39. 48.08 (1) of the statutes is amended to read:

AB463,20,3 48.08 (1) It is the duty of each person appointed to furnish services to the court as provided in ss. 48.06 and 48.07 to make such investigations and exercise such discretionary powers as the judge may direct, to keep a written record of such investigations and to submit a report to the judge. Such person shall keep informed concerning the conduct and condition of the a child or expectant mother of an unborn child under the person's supervision and shall report thereon on that conduct and condition as the judge directs.

AB463, s. 40 Section 40. 48.08 (2) of the statutes is amended to read:

AB463,20,11 48.08 (2) Any person authorized to provide or providing intake or dispositional services for the court under ss. 48.067 and 48.069 has the power of police officers and deputy sheriffs only for the purpose of taking a child or the expectant mother of an unborn child into physical custody when the child or expectant mother comes voluntarily or when the child, the unborn child or the expectant mother is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from the surroundings is necessary.

AB463, s. 41 Section 41. 48.09 (5) of the statutes is amended to read:

AB463,20,18 48.09 (5) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under s. 48.13, 48.133 or 48.977. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that odd-numbered year.

AB463, s. 42 Section 42. 48.133 of the statutes is created to read:

AB463,21,5 48.133 Jurisdiction over unborn children in need of protection or services and the expectant mothers of those unborn children. The court has exclusive original jurisdiction over an unborn child alleged to be in need of protection or services which can be ordered by the court whose expectant mother habitually lacks self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, to the extent that there is a substantial risk that the physical health of the unborn child, and of the child when born, will be seriously affected or endangered unless the expectant mother receives prompt and adequate treatment for that habitual lack of self-control. The court also has exclusive original jurisdiction over the expectant mother of an unborn child described in this section.