AB463: Bill Text

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.

AB463, s. 43 Section 43. 48.135 (title) of the statutes is amended to read:

AB463,21,8 48.135 (title) Referral of children and expectant mothers of unborn children to proceedings under chapter 51 or 55.

AB463, s. 44 Section 44. 48.135 (1) of the statutes is amended to read:

AB463,21,14 48.135 (1) If a child alleged to be in need of protection or services or the expectant mother of an unborn child alleged to be in need of protection or services is before the court and it appears that the child or expectant mother is developmentally disabled, mentally ill or drug dependent or suffers from alcoholism, the court may proceed under ch. 51 or 55.

AB463, s. 45 Section 45. 48.135 (2) of the statutes is amended to read:

AB463,21,21 48.135 (2) Any voluntary or involuntary admissions, placements or commitments of a child made in or to an inpatient facility, as defined in s. 51.01 (10), shall be governed by ch. 51 or 55. Except as provided in s. 48.347 (5), any voluntary or involuntary admissions, placements or commitments of an expectant mother of an unborn child made in or to an inpatient facility, as defined in s. 51.01 (10), shall be governed by ch. 51 or 55.

AB463, s. 46 Section 46. 48.14 (5) of the statutes is amended to read:

AB463,21,24 48.14 (5) Proceedings under chs. 51 and 55 which apply to minors or to the expectant mothers of unborn children.

AB463, s. 47 Section 47. 48.15 of the statutes is amended to read:

AB463,22,9 48.15 Jurisdiction of other courts to determine legal custody. Nothing contained in ss. 48.13, 48.133 and 48.14 deprives other courts of the right to determine the legal custody of children by habeas corpus or to determine the legal custody or guardianship of children if the legal custody or guardianship is incidental to the determination of causes pending in the other courts. But the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch. 938 is paramount in all cases involving children alleged to come within the provisions of ss. 48.13 and 48.14 and unborn children and their expectant mothers alleged to come within the provisions of ss. 48.133 and 48.14 (5).

AB463, s. 48 Section 48. 48.185 (1) of the statutes is amended to read:

AB463,22,19 48.185 (1) Subject to sub. (2), venue for any proceeding under ss. 48.13, 48.133, 48.135 and 48.14 (1) to (9) may be in any of the following: the county where the child or the expectant mother of the unborn child resides , or the county where the child is or expectant mother is present or, in the case of a violation of a state law or a county, town or municipal ordinance, the county where the violation occurred. Venue for proceedings brought under subch. VIII is as provided in this subsection except where the child has been placed and is living outside the home of the child's parent pursuant to a dispositional order, in which case venue is as provided in sub. (2). Venue for a proceeding under s. 48.14 (10) is as provided in s. 801.50 (5s).

AB463, s. 49 Section 49. 48.185 (2) of the statutes is amended to read:

AB463,23,5 48.185 (2) In an action under s. 48.41, venue shall be in the county where the birth parent or child resides at the time that the petition is filed. Venue for any proceeding under s. 48.363, 48.365 or 48.977, or any proceeding under subch. VIII when the child has been placed outside the home pursuant to a dispositional order under s. 48.345, shall be in the county where the dispositional order was issued, unless the child's county of residence has changed, or the parent of the child or the expectant mother of the unborn child has resided in a different county of this state for 6 months. In either case, the court may, upon a motion and for good cause shown, transfer the case, along with all appropriate records, to the county of residence of the child or, parent or expectant mother.

AB463,23,7 Subchapter IV (title) of chapter 48 [precedes 48.19] of the statutes is amended to read:

AB463,23,8 Chapter 48

AB463,23,11 subchapter iv holding a child or an expectant mother in custody

AB463, s. 50 Section 50. 48.19 (1) (c) of the statutes is amended to read:

AB463,23,16 48.19 (1) (c) An order of the judge if made upon a showing satisfactory to the judge that the welfare of the child demands that the child be immediately removed from his or her present custody. The order shall specify that the child be held in custody under s. 48.207 (1).

AB463, s. 51 Section 51. 48.193 of the statutes is created to read:

AB463,23,19 48.193 Taking an expectant mother into custody. (1) The expectant mother of an unborn child may be taken into custody under any of the following:

AB463,23,20 (a) A warrant.

AB463,23,21 (b) A capias issued by a judge under s. 48.28.

AB463,24,3 (c) An order of the judge if made upon a showing satisfactory to the judge that due to the expectant mother's habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, 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 is taken into custody. The order shall specify that the expectant mother be held in custody under s. 48.207 (1m).

AB463,24,5 (d) Circumstances in which a law enforcement officer believes on reasonable grounds that any of the following conditions exists:

AB463,24,7 1. A capias or warrant for the apprehension of the expectant mother has been issued in this state or in another state.

AB463,24,12 2. 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 due to the expectant mother's habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree unless the expectant mother is taken into custody.

AB463,24,14 3. The expectant mother has violated the conditions of an order under s. 48.213 (3) or the conditions of an order for temporary physical custody by an intake worker.

AB463,24,24 (2) When the expectant mother of an unborn child is taken into physical custody as provided in this section, the person taking the expectant mother into custody shall immediately attempt to notify an adult relative or friend of the expectant mother by the most practical means. The person taking the expectant mother into custody shall continue such attempt until an adult relative or friend is notified, or the expectant mother is delivered to an intake worker under s. 48.203 (2), whichever occurs first. If the expectant mother is delivered to the intake worker before an adult relative or friend is notified, the intake worker, or another person at his or her direction, shall continue the attempt to notify until an adult relative or friend of the expectant mother is notified.

AB463,25,2 (3) Taking into custody is not an arrest except for the purpose of determining whether the taking into custody or the obtaining of any evidence is lawful.

AB463, s. 52 Section 52. 48.20 (title) of the statutes is amended to read:

AB463,25,4 48.20 (title) Release or delivery of child from custody.

AB463, s. 53 Section 53. 48.20 (7) (b) of the statutes is amended to read:

AB463,25,10 48.20 (7) (b) The intake worker shall review the need to hold the child in custody and shall make every effort to release the child from custody as provided in par. (c). The intake worker shall base his or her decision as to whether to release the child or to continue to hold the child in custody on the criteria specified in s. 48.205 (1) and criteria established under s. 48.06 (1) or (2).

AB463, s. 54 Section 54. 48.203 of the statutes is created to read:

AB463,25,19 48.203 Release or delivery of expectant mother from custody. (1) A person taking the expectant mother of an unborn child into custody shall make every effort to release the expectant mother to an adult relative or friend of the expectant mother after counseling or warning the expectant mother as may be appropriate or, if an adult relative or friend is unavailable, unwilling or unable to accept the release of the expectant mother, the person taking the expectant mother into custody may release the expectant mother under the expectant mother's own supervision after counseling or warning the expectant mother as may be appropriate.

AB463,26,2 (2) If the expectant mother is not released under sub. (1), the person who took the expectant mother into custody shall arrange in a manner determined by the court and law enforcement agencies for the expectant mother to be interviewed by the intake worker under s. 48.067 (2), and shall make a statement in writing with supporting facts of the reasons why the expectant mother was taken into physical custody and shall give the expectant mother a copy of the statement in addition to giving a copy to the intake worker. When the intake interview is not done in person, the report may be read to the intake worker.

AB463,26,7 (3) If the unborn child or expectant mother is believed to be suffering from a serious physical condition which requires either prompt diagnosis or prompt treatment, the person taking the expectant mother into physical custody, the intake worker or other appropriate person shall deliver the expectant mother to a hospital, as defined in s. 50.33 (2) (a) and (c), or physician's office.

AB463,26,15 (4) If the expectant mother is believed to be mentally ill, drug dependent or developmentally disabled, and exhibits conduct which constitutes a substantial probability of physical harm to herself, others, the unborn child or the child when born, or a very substantial probability of physical impairment or injury to the expectant mother, unborn child or child when born exists due to the impaired judgment of the expectant mother, and the standards of s. 51.15 are met, the person taking the expectant mother into physical custody, the intake worker or other appropriate person shall proceed under s. 51.15.

AB463,26,21 (5) If the expectant mother is believed to be an intoxicated person who has threatened, attempted or inflicted physical harm on herself, on another or on the unborn child and is likely to inflict such physical harm unless committed, or is incapacitated by alcohol, the person taking the expectant mother into physical custody, the intake worker or other appropriate person shall proceed under s. 51.45 (11).

AB463,26,23 (6) (a) When an expectant mother is interviewed by an intake worker, the intake worker shall inform the expectant mother of her right to counsel.

AB463,27,4 (b) The intake worker shall review the need to hold the expectant mother in custody and shall make every effort to release the expectant mother from custody as provided in par. (c). The intake worker shall base his or her decision as to whether to release the expectant mother or to continue to hold the expectant mother in custody on the criteria specified in s. 48.205 (1m) and criteria established under s. 48.06 (1) or (2).

AB463,27,10 (c) The intake worker may release the expectant mother to an adult relative or friend of the expectant mother after counseling or warning the expectant mother as may be appropriate or, if an adult relative or friend is unavailable, unwilling or unable to accept the release of the expectant mother, the intake worker may release the expectant mother under the expectant mother's own supervision after counseling or warning the expectant mother as may be appropriate.

AB463,27,15 (7) If an expectant mother is held in custody, the intake worker shall notify the expectant mother and unborn child, through its guardian ad litem, of the reasons for holding the expectant mother in custody, the time and place of the detention hearing required under s. 48.213, the nature and possible consequences of that hearing, and the right to present and cross-examine witnesses at the hearing.

AB463, s. 55 Section 55. 48.205 (title) of the statutes is amended to read: