AB463: Bill Text

AB463, s. 135 Section 135. 48.30 (9) of the statutes is amended to read:

AB463,57,16 48.30 (9) If a court commissioner conducts the plea hearing and accepts an admission of the alleged facts in a petition brought under s. 48.13 or 48.133, the judge shall review the admission at the beginning of the dispositional hearing by addressing the parties and making the inquiries set forth in sub. (8).

AB463, s. 136 Section 136. 48.305 of the statutes is amended to read:

AB463,58,3 48.305 (title) Hearing upon the involuntary removal of a child or expectant mother. Notwithstanding other time periods for hearings under this chapter, if a child is removed from the physical custody of the child's parent or guardian under s. 48.19 (1) (c) or (d) 5. without the consent of the parent or guardian or if an expectant mother is taken into custody under s. 48.193 (1) (c) or (d) 2. without the consent of the expectant mother, the court shall schedule a plea hearing and fact-finding hearing within 30 days of after a request from the parent or guardian from whom custody was removed or from the expectant mother who was taken into custody. The plea hearing and fact-finding hearing may be combined. This time period may be extended only with the consent of the requesting parent or, guardian or expectant mother.

AB463, s. 137 Section 137. 48.31 (1) of the statutes is amended to read:

AB463,58,7 48.31 (1) In this section, "fact-finding hearing" means a hearing to determine if the allegations in a petition under s. 48.13 or 48.133 or a petition to terminate parental rights are proved by clear and convincing evidence.

AB463, s. 138 Section 138. 48.31 (2) of the statutes is amended to read:

AB463,59,4 48.31 (2) The hearing shall be to the court unless the child, the child's parent, guardian or legal custodian, the unborn child by its guardian ad litem or the expectant mother of the unborn child exercises the right to a jury trial by demanding a jury trial at any time before or during the plea hearing. If a jury trial is demanded in a proceeding under s. 48.13 or 48.133, the jury shall consist of 6 persons. If a jury trial is demanded in a proceeding under s. 48.42, the jury shall consist of 12 persons unless the parties agree to a lesser number. Chapters 756 and 805 shall govern the selection of jurors. If the hearing involves a child victim or witness, as defined in s. 950.02, the court may order the taking and allow the use of a videotaped deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court or jury shall make a determination of the facts, except that in a case alleging a child or an unborn child to be in need of protection or services under s. 48.13 or 48.133, the court shall make the determination under s. 48.13 (intro.) or 48.133 (intro.) relating to whether the child or unborn child is in need of protection or services which can be ordered by the court. If the court finds that the child or unborn child is not within the jurisdiction of the court or, in a case alleging a child or an unborn child to be in need of protection or services under s. 48.13 or 48.133, that the child or unborn child is not in need of protection or services which can be ordered by the court or if the court or jury finds that the facts alleged in the petition have not been proved, the court shall dismiss the petition with prejudice.

AB463, s. 139 Section 139. 48.31 (4) of the statutes is amended to read:

AB463,59,25 48.31 (4) The court or jury shall make findings of fact and the court shall make conclusions of law relating to the allegations of a petition filed under s. 48.13, 48.133 or 48.42, except that the court shall make findings of fact relating to whether the child or unborn child is in need of protection or services which can be ordered by the court. In cases alleging a child to be in need of protection or services under s. 48.13 (11), the court shall may not find that the child is suffering emotional damage unless a licensed physician specializing in psychiatry or a licensed psychologist appointed by the court to examine the child has testified at the hearing that in his or her opinion the condition exists, and adequate opportunity for the cross-examination of the physician or psychologist has been afforded. The judge may use the written reports if the right to have testimony presented is voluntarily, knowingly and intelligently waived by the guardian ad litem or legal counsel for the child and the parent or guardian. In cases alleging a child to be in need of protection or services under s. 48.13 (11m) or an unborn child to be in need of protection or services under s. 48.133, the court shall may not find that the child or the expectant mother of the unborn child is in need of treatment and education for needs and problems related to the use or abuse of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects unless an assessment for alcohol and other drug abuse that conforms to the criteria specified under s. 48.547 (4) has been conducted by an approved treatment facility.

AB463, s. 140 Section 140. 48.31 (7) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

AB463,60,18 48.31 (7) At the close of the fact-finding hearing, the court shall set a date for the dispositional hearing which allows a reasonable time for the parties to prepare but is no more than 10 days from after the fact-finding hearing for a child in secure custody and no more than 30 days from after the fact-finding hearing for a child or expectant mother who is not held in secure custody. If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may immediately proceed with a dispositional hearing.

AB463, s. 141 Section 141. 48.315 (1) (a) of the statutes is amended to read:

AB463,60,24 48.315 (1) (a) Any period of delay resulting from other legal actions concerning the child or the unborn child and its expectant mother, including an examination under s. 48.295 or a hearing related to the child's mental condition of the child, the child's parent, guardian or legal custodian or the expectant mother, prehearing motions, waiver motions and hearings on other matters.

AB463, s. 142 Section 142. 48.315 (1) (b) of the statutes is amended to read:

AB463,61,3 48.315 (1) (b) Any period of delay resulting from a continuance granted at the request of or with the consent of the child and his or her counsel or of the unborn child by its guardian ad litem.

AB463, s. 143 Section 143. 48.315 (1) (f) of the statutes is amended to read:

AB463,61,6 48.315 (1) (f) Any period of delay resulting from the absence or unavailability of the child or expectant mother.

AB463, s. 144 Section 144. 48.32 (1) of the statutes is amended to read:

AB463,61,19 48.32 (1) At any time after the filing of a petition for a proceeding relating to s. 48.13 or 48.133 and before the entry of judgment, the judge or juvenile court commissioner may suspend the proceedings and place the child or expectant mother under supervision in the child's own home or present placement of the child or expectant mother. The court may establish terms and conditions applicable to the child and the child's parent, guardian or legal custodian, and to the child or to the expectant mother. The order under this section shall be known as a consent decree and must be agreed to by the child if 12 years of age or older;, the parent, guardian or legal custodian;, and the person filing the petition under s. 48.25; or by the expectant mother, the unborn child by its guardian ad litem and the person filing the petition under s. 48.25. The consent decree shall be reduced to writing and given to the parties.

AB463, s. 145 Section 145. 48.32 (2) (a) of the statutes is amended to read:

AB463,61,23 48.32 (2) (a) A consent decree shall remain in effect up to 6 months unless the child, parent, guardian or, legal custodian or expectant mother is discharged sooner by the judge or juvenile court commissioner.

AB463, s. 146 Section 146. 48.32 (2) (c) of the statutes is amended to read:

AB463,62,9 48.32 (2) (c) Upon the motion of the court or the application of the child, parent, guardian, legal custodian, expectant mother, unborn child by its guardian ad litem, intake worker or any agency supervising the child or expectant mother under the consent decree, the court may, after giving notice to the parties to the consent decree and their counsel or guardian ad litem, if any, extend the decree for up to an additional 6 months in the absence of objection to extension by the parties to the initial consent decree. If the child, parent, guardian or, legal custodian, expectant mother or unborn child by its guardian ad litem objects to the extension, the judge shall schedule a hearing and make a determination on the issue of extension.

AB463, s. 147 Section 147. 48.32 (3) of the statutes is amended to read:

AB463,62,17 48.32 (3) If, prior to discharge by the court, or the expiration of the consent decree, the court finds that the child or, parent, legal guardian or, legal custodian or expectant mother has failed to fulfill the express terms and conditions of the consent decree or that the child or expectant mother objects to the continuation of the consent decree, the hearing under which the child or expectant mother was placed on supervision may be continued to conclusion as if the consent decree had never been entered.

AB463, s. 148 Section 148. 48.32 (5) (intro.) of the statutes is amended to read:

AB463,62,23 48.32 (5) (intro.)  A court which, under this section, elicits or examines information or material about a child or an expectant mother which would be inadmissible in a hearing on the allegations of the petition shall may not, over objections of one of the parties, participate in any subsequent proceedings if any of the following applies:

AB463, s. 149 Section 149. 48.32 (5) (a) of the statutes is amended to read:

AB463,63,4 48.32 (5) (a) The court refuses to enter into a consent decree and the allegations in the petition remain to be decided in a hearing where at which one of the parties denies the allegations forming the basis for a child or unborn child in need of protection or services petition; or.

AB463, s. 150 Section 150. 48.32 (5) (b) of the statutes is amended to read:

AB463,63,7 48.32 (5) (b) A consent decree is granted but the petition under s. 48.13 or 48.133 is subsequently reinstated.

AB463, s. 151 Section 151. 48.32 (6) of the statutes is amended to read:

AB463,63,14 48.32 (6) The judge or juvenile court commissioner shall inform the child and the child's parent, guardian or legal custodian, or the expectant mother, in writing, of the child's right of the child or expectant mother to object to the continuation of the consent decree under sub. (3) and the fact that the hearing under which the child or expectant mother was placed on supervision may be continued to conclusion as if the consent decree had never been entered.

AB463, s. 152 Section 152. 48.33 (1) (intro.) of the statutes is amended to read:

AB463,63,19 48.33 (1) Report required. (intro.) Before the disposition of a child or unborn child adjudged to be in need of protection or services the court shall designate an agency, as defined in s. 48.38 (1) (a), to submit a report which shall contain all of the following:

AB463, s. 153 Section 153. 48.33 (1) (a) of the statutes is amended to read:

AB463,63,22 48.33 (1) (a) The social history of the child or of the expectant mother of the unborn child.

AB463, s. 154 Section 154. 48.33 (1) (b) of the statutes is amended to read:

AB463,64,5 48.33 (1) (b) A recommended plan of rehabilitation or treatment and care for the child or expectant mother which is based on the investigation conducted by the agency and any report resulting from an examination or assessment under s. 48.295, which employs the least restrictive means available to accomplish the objectives of the plan, and, in cases of child abuse or neglect or unborn child abuse, which also includes an assessment of risks to the child's physical safety and physical health of the child or unborn child and a description of a plan for controlling the risks.

AB463, s. 155 Section 155. 48.33 (1) (c) of the statutes is amended to read:

AB463,64,13 48.33 (1) (c) A description of the specific services or continuum of services which the agency is recommending that the court order for the child or family or for the expectant mother of the unborn child, the persons or agencies that would be primarily responsible for providing those services, and the identity of the person or agency that would provide case management or coordination of services , if any or, and, in the case of a child adjudged to be in need of protection or services, whether or not the child should receive an integrated service plan.

AB463, s. 156 Section 156. 48.33 (1) (d) of the statutes is amended to read:

AB463,64,17 48.33 (1) (d) A statement of the objectives of the plan, including any desired behavior changes desired of the child or expectant mother and the academic, social and vocational skills needed by the child or the expectant mother.

AB463, s. 157 Section 157. 48.33 (1) (f) of the statutes is amended to read:

AB463,64,23 48.33 (1) (f) If the agency is recommending that the court order the child's parent, guardian or legal custodian or the expectant mother to participate in mental health treatment, anger management, individual or family counseling or parent or prenatal development training and education, a statement as to the availability of those services and as to the availability of funding for those services.

AB463, s. 158 Section 158. 48.33 (2) of the statutes is amended to read:

AB463,65,4 48.33 (2) Home placement reports. A report recommending that the child remain in his or her home or that the expectant mother remain in her home may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record.

AB463, s. 159 Section 159. 48.33 (4) (intro.) of the statutes is amended to read:

AB463,65,10 48.33 (4) Other out-of-home placements. (intro.) A report recommending placement of an expectant mother outside of her home shall be in writing. A report recommending placement of a child in a foster home, treatment foster home, group home or child caring institution shall be in writing and shall include all of the following:

AB463, s. 160 Section 160. 48.335 (1) of the statutes is amended to read:

AB463,65,14 48.335 (1) The court shall conduct a hearing to determine the disposition of a case in which a child is adjudged to be in need of protection or services under s. 48.13 or an unborn child is adjudged to be in need of protection or services under s. 48.133.

AB463, s. 161 Section 161. 48.347 of the statutes is created to read:

AB463,65,23 48.347 Disposition of unborn child adjudged in need of protection or services. If the judge finds that the unborn child is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan, except that the order may not place any expectant mother of an unborn child not specifically found under ch. 51, 55 or 880 to be developmentally disabled or mentally ill in a facility which exclusively treats those categories of individuals. The dispositions under this section are as follows:

AB463,65,24 (1) Counseling. Counsel the expectant mother.

AB463,66,8 (2) Supervision. (a) Place the expectant mother under supervision of the county department, the department, if the department approves, or a suitable adult, including a friend of the expectant mother, under conditions prescribed by the judge including reasonable rules for the expectant mother's conduct, designed for the physical well-being of the unborn child. An order under this paragraph may include an order to participate in mental health treatment, anger management, individual or family counseling or prenatal development training or education and to make a reasonable contribution, based on ability to pay, for the cost of those services.

AB463,66,12 (b) A judge may not order inpatient treatment under par. (a) for the expectant mother of an unborn child. All inpatient treatment commitments or admissions of an expectant mother of an unborn child shall be conducted in accordance with sub. (5) or ch. 51.

AB463,66,22 (3) Special treatment or care. (a) If the expectant mother is in need of special treatment or care, as identified in an evaluation under s. 48.295 and the report under s. 48.33, the judge may order the expectant mother to obtain the special treatment or care. If the expectant mother fails or is financially unable to obtain the special treatment or care, the judge may order an appropriate agency to provide the special treatment or care. If a judge orders a county department under s. 51.42 or 51.437 to provide special treatment or care under this paragraph, the provision of that special treatment or care shall be subject to conditions specified in ch. 51. An order of special treatment or care under this paragraph may not include an order for the administration of psychotropic drugs.

AB463,66,24 (b) Payment for any special treatment or care that relates to alcohol and other drug abuse services ordered under par. (a) shall be in accordance with s. 48.361.

AB463,67,3 (c) Payment for any services provided under ch. 51 that are ordered under par. (a), other than alcohol and other drug abuse services, shall be in accordance with s. 48.362.

AB463,67,14 (4) Alcohol or drug treatment or education. (a) If the report prepared under s. 48.33 (1) recommends that the expectant mother is in need of treatment for the use or abuse of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects, the court may order the expectant mother to enter an outpatient alcohol and other drug abuse treatment program at an approved treatment facility. The approved treatment facility shall, under the terms of a service agreement between the county and the approved treatment facility, or with the written informed consent of the expectant mother, report to the agency primarily responsible for providing services to the expectant mother as to whether the expectant mother is cooperating with the treatment and whether the treatment appears to be effective.

AB463,67,23 (b) If the report prepared under s. 48.33 (1) recommends that the expectant mother is in need of education relating to the use of alcohol beverages, controlled substances or controlled substance analogs, the court may order the expectant mother to participate in an alcohol or other drug abuse education program approved by the court. The person or agency that provides the education program shall, under the terms of a service agreement between the county and the education program, or with the written informed consent of the expectant mother, report to the agency primarily responsible for providing services to the expectant mother about the expectant mother's attendance at the program.

AB463,68,3 (c) Payment for any treatment or education ordered under this subsection in counties that have a pilot program under s. 48.547 shall be in accordance with s. 48.361.

AB463,68,16 (5) Inpatient alcohol or drug treatment. (a) If, based on an evaluation under s. 48.295 and the report under s. 48.33, the judge finds that the expectant mother is in need of inpatient treatment for her habitual lack of self-control in the use of alcohol, controlled substances or controlled substance analogs, exhibited to a severe degree, that inpatient treatment is appropriate for the expectant mother's needs and that inpatient treatment is the least restrictive treatment consistent with the expectant mother's needs, the judge may order the expectant mother to enter an inpatient alcohol or other drug abuse treatment program at an inpatient facility, as defined in s. 51.01 (10). The inpatient facility shall, under the terms of a service agreement between the county and the inpatient facility, or with the written and informed consent of the expectant mother, report to the agency primarily responsible for providing services to the expectant mother as to whether the expectant mother is cooperating with the treatment and whether the treatment appears to be effective.

AB463,68,18 (b) Payment for any treatment ordered under par. (a) shall be in accordance with s. 48.361.

AB463, s. 162 Section 162. 48.35 (1) (b) (intro.) of the statutes is amended to read:

AB463,68,23 48.35 (1) (b) (intro.) The disposition of a child or an unborn child, and any record of evidence given in a hearing in court, shall not be admissible as evidence against the child or the expectant mother of the unborn child in any case or proceeding in any other court except as follows:

AB463, s. 163 Section 163. 48.35 (1) (b) 1. of the statutes is amended to read:

AB463,69,3 48.35 (1) (b) 1. In sentencing proceedings after conviction the child or expectant mother has been convicted of a felony or misdemeanor and then only for the purpose of a presentence study and report;.

AB463, s. 164 Section 164. 48.35 (1) (b) 2. of the statutes is amended to read:

AB463,69,6 48.35 (1) (b) 2. In a proceeding in any court assigned to exercise jurisdiction under this chapter and ch. 938; or.

AB463, s. 165 Section 165. 48.35 (2) of the statutes is amended to read:

AB463,69,11 48.35 (2) Except as specifically provided in sub. (1), this section does not preclude the court from disclosing information to qualified persons if the court considers the disclosure to be in the best interests of the child or unborn child or of the administration of justice.

AB463, s. 166 Section 166. 48.355 (1) of the statutes is amended to read:

AB463,70,2 48.355 (1) Intent. In any order under s. 48.345 or 48.347 the judge shall decide on a placement and treatment finding based on evidence submitted to the judge. The disposition shall employ those means necessary to maintain and protect the child's well-being of the child or unborn child which are the least restrictive of the rights of the parent or child, or of the rights of the expectant mother, and which assure the care, treatment or rehabilitation of the child and the family, or of the unborn child and expectant mother, consistent with the protection of the public. Whenever When appropriate, and, in cases of child abuse and or neglect or unborn child abuse, when it is consistent with the child's best interest of the child or unborn child in terms of physical safety and physical health, the family unit shall be preserved and there shall be a policy of transferring custody of a child from the parent or of placing an expectant mother in an inpatient facility, as defined in s. 51.01 (10), only where when there is no less drastic alternative. If there is no less drastic alternative for a child than transferring custody from the parent, the judge shall consider transferring custody to a relative whenever possible.

AB463, s. 167 Section 167. 48.355 (2) (a) of the statutes is amended to read:

AB463,70,9 48.355 (2) (a) In addition to the order, the judge shall make written findings of fact and conclusions of law based on the evidence presented to the judge to support the disposition ordered, including findings as to the child's condition and need for special treatment or care of the child or expectant mother if an examination or assessment was conducted under s. 48.295. A finding may not include a finding that a child or an expectant mother is in need of psychotropic medications.

AB463, s. 168 Section 168. 48.355 (2) (b) 1. of the statutes is amended to read:

AB463,70,16 48.355 (2) (b) 1. The specific services or continuum of services to be provided to the child and family or to the expectant mother, the identity of the agencies which are to be primarily responsible for the provision of the services mandated ordered by the judge, the identity of the person or agency who will provide case management or coordination of services, if any, and, if custody of the child is to be transferred to effect the treatment plan, the identity of the legal custodian.

AB463, s. 169 Section 169. 48.355 (2) (b) 1m. of the statutes is amended to read:

AB463,70,24 48.355 (2) (b) 1m. A notice that the child's parent, guardian or legal custodian or, the child, if 14 years of age or over, or the expectant mother may request an agency that is providing care or services for the child or expectant mother or that has legal custody of the child to disclose to, or make available for inspection by, the parent, guardian, legal custodian or, child or expectant mother the contents of any record kept or information received by the agency about the child or expectant mother as provided in s. 48.78 (2) (ag) and (aj).

AB463, s. 170 Section 170. 48.355 (2) (b) 2m. of the statutes is created to read:

AB463,71,3 48.355 (2) (b) 2m. If the expectant mother is placed in an inpatient facility, as defined in s. 51.01 (10), the name of the inpatient facility, including transitional placements, where the expectant mother shall be treated.

AB463, s. 171 Section 171. 48.355 (2) (b) 7. of the statutes is amended to read:

AB463,71,6 48.355 (2) (b) 7. A statement of the conditions with which the child or expectant mother is required to comply.

AB463, s. 172 Section 172. 48.355 (2) (d) of the statutes is amended to read:

AB463,71,11 48.355 (2) (d) The court shall provide a copy of the a dispositional order under s. 48.345 to the child's parent, guardian or trustee. The court shall provide a copy of a dispositional order under s. 48.347 to the expectant mother and the unborn child through its guardian ad litem.

AB463, s. 173 Section 173. 48.355 (2m) of the statutes is amended to read:

AB463,71,18 48.355 (2m) Transitional placements. The court order may include the name of transitional placements, but may not designate a specific time when transitions are to take place. The procedures of ss. 48.357 and 48.363 shall govern when such transitions take place. However, the court may place specific time limitations on interim arrangements made for the care of the child or for the treatment of the expectant mother pending the availability of the dispositional placement.