AB463: Bill Text

AB463, s. 179 Section 179. 48.357 (2m) of the statutes is amended to read:

AB463,75,7 48.357 (2m) The child, the parent, guardian or legal custodian of the child, the expectant mother, the unborn child by its guardian ad litem or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, may request a change in placement under this subsection. The request shall contain the name and address of the place of the new placement requested and shall state what new information is available which affects the advisability of the current placement. This request shall be submitted to the court. In addition, the court may propose a change in placement on its own motion. The court shall hold a hearing on the matter prior to ordering any change in placement under this subsection if the request states that new information is available which affects the advisability of the current placement, unless written waivers of objection to the proposed change in placement are signed by all parties entitled to receive notice under sub. (1) and the court approves. If a hearing is scheduled, the court shall notify the child, the parent, guardian and legal custodian of the child, any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child and all parties who are bound by the dispositional order, or shall notify the expectant mother, the unborn child by its guardian ad litem and all parties who are bound by the dispositional order, at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. If all the parties consent, the court may proceed immediately with the hearing. If a hearing is held under this subsection and the change in placement would remove a child from a foster home, treatment foster home or other placement with a physical custodian described in s. 48.62 (2), the court shall permit the foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) to make a written or oral statement during the hearing or to submit a written statement prior to the hearing, relating to the child and the requested change in placement.

AB463, s. 180 Section 180. 48.36 (2) of the statutes is amended to read:

AB463,75,16 48.36 (2) If an expectant mother or a child whose legal custody has not been taken from a parent or guardian is given educational and social services, or medical, psychological or psychiatric treatment by order of the court, the cost thereof of those services or treatment, if ordered by the court, shall be a charge upon the county. This section does not prevent recovery of reasonable contribution toward the costs from the expectant mother or the parent or guardian of the child as the court may order based on the ability of the expectant mother, parent or guardian to pay. This subsection shall be is subject to s. 46.03 (18).

AB463, s. 181 Section 181. 48.361 (1) (b) of the statutes is amended to read:

AB463,75,19 48.361 (1) (b) Any special treatment or care that relates to alcohol or other drug abuse services ordered by a court under s. 48.345 (6) (a) or 48.347 (3) (a).

AB463, s. 182 Section 182. 48.361 (1) (c) of the statutes is amended to read:

AB463,75,22 48.361 (1) (c) Any alcohol or other drug abuse treatment or education ordered by a court under s. 48.345 (6) (a) or (13) or 48.347 (3) (a), (4) or (5) (a).

AB463, s. 183 Section 183. 48.361 (2) (a) 1m. of the statutes is created to read:

AB463,76,9 48.361 (2) (a) 1m. If an expectant mother neglects, refuses or is unable to obtain court-ordered alcohol and other drug abuse services for herself through her health insurance or other 3rd-party payments, the judge may order the expectant mother to pay for the court-ordered alcohol and drug abuse services. If the expectant mother consents to obtain court-ordered alcohol and other drug abuse services for herself through her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered alcohol and other drug abuse services, the court may order the health insurance provider or 3rd-party payer to pay for the court-ordered alcohol and other drug abuse services in accordance with the terms of the expectant mother's health insurance policy or other 3rd-party payment plan.

AB463, s. 184 Section 184. 48.361 (2) (am) 2. of the statutes is amended to read:

AB463,76,13 48.361 (2) (am) 2. If a court in a county that does not have a pilot program under s. 48.547 finds that payment is not attainable under par. (a), the court may order payment in accordance with s. 48.345 (6) (a), 48.347 (3) (a) or 48.36.

AB463, s. 185 Section 185. 48.361 (2) (b) 1m. of the statutes is created to read:

AB463,76,20 48.361 (2) (b) 1m. In counties that have a pilot program under s. 48.547, in addition to using the alternative provided for under par. (a), the court may order a county department of human services established under s. 46.23 or a county department established under s. 51.42 or 51.437 in the expectant mother's county of legal residence to pay for the court-ordered alcohol and other drug abuse services provided for the expectant mother.

AB463, s. 186 Section 186. 48.361 (2) (c) of the statutes is amended to read:

AB463,77,4 48.361 (2) (c) Payment for alcohol and other drug abuse services by a county department under this section does not prohibit the county department from contracting with another county department or approved treatment facility for the provision of alcohol and other drug abuse services. Payment by the county under this section does not prevent recovery of reasonable contribution toward the costs of the court-ordered alcohol and other drug abuse services from the parent or expectant mother which is based upon the ability of the parent or expectant mother to pay. This subsection is subject to s. 46.03 (18).

AB463, s. 187 Section 187. 48.362 (2) of the statutes is amended to read:

AB463,77,9 48.362 (2) This section applies to the payment of court-ordered special treatment or care under s. 48.345 (6) (a), whether or not custody has been taken from the parent, and to the payment of court-ordered special treatment or care under s. 48.347 (3) (a).

AB463, s. 188 Section 188. 48.362 (3m) of the statutes is created to read:

AB463,77,20 48.362 (3m) If an expectant mother neglects, refuses or is unable to obtain court-ordered special treatment or care for herself through her health insurance or other 3rd-party payments, the judge may order the expectant mother to pay for the court-ordered special treatment or care. If the expectant mother consents to obtain court-ordered special treatment or care for herself through her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered special treatment or care, the judge may order the health insurance provider or 3rd-party payer to pay for the court-ordered special treatment or care in accordance with the terms of the expectant mother's health insurance policy or other 3rd-party payment plan.

AB463, s. 189 Section 189. 48.362 (4) (a) of the statutes is amended to read:

AB463,78,2 48.362 (4) (a) If the judge finds that payment is not attainable under sub. (3) or (3m), the judge may order the county department under s. 51.42 or 51.437 of the child's county of legal residence of the child or expectant mother to pay the cost of any court-ordered special treatment or care that is provided by or under contract with that county department.

AB463, s. 190 Section 190. 48.362 (4) (c) of the statutes is amended to read:

AB463,78,8 48.362 (4) (c) A county department that pays for court-ordered special treatment or care under par. (a) may recover from the parent or expectant mother, based on the parent's ability of the parent or expectant mother to pay, a reasonable contribution toward the costs of the court-ordered special treatment or care. This paragraph is subject to s. 46.03 (18).

AB463, s. 191 Section 191. 48.363 (1) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

AB463,79,18 48.363 (1) A child, the child's parent, guardian or legal custodian, an expectant mother, an unborn child by its guardian ad litem, any person or agency bound by a dispositional order or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the court may on its own motion propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order and prior to any revision of the dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves. If a hearing is held, the court shall notify the child, the child's parent, guardian and legal custodian, all parties bound by the dispositional order, the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered, or shall notify the expectant mother, the unborn child through its guardian ad litem, all parties bound by the dispositional order and the district attorney or corporation counsel in the county in which the dispositional order was entered, at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified 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 proceed immediately with the hearing. No revision may extend the effective period of the original order.

AB463, s. 192 Section 192. 48.365 (1m) of the statutes is amended to read:

AB463,80,2 48.365 (1m) The parent, child, guardian, legal custodian, expectant mother, unborn child by its guardian ad litem, any person or agency bound by the dispositional order, the district attorney or corporation counsel in the county in which the dispositional order was entered or the court on its own motion, may request an extension of an order under s. 48.355. The request shall be submitted to the court which entered the order. No order under s. 48.355 may be extended except as provided in this section.

AB463, s. 193 Section 193. 48.365 (2) of the statutes is amended to read:

AB463,80,12 48.365 (2) No order may be extended without a hearing. The court shall notify the child or the child's guardian ad litem or counsel, the child's parent, guardian, legal custodian, all the parties present at the original hearing, the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered, or shall notify the expectant mother, the unborn child through its guardian ad litem, all the parties present at the original hearing and the district attorney or corporation counsel in the county in which the dispositional order was entered, of the time and place of the hearing.

AB463, s. 194 Section 194. 48.365 (2g) (a) of the statutes is amended to read:

AB463,80,20 48.365 (2g) (a) At the hearing the person or agency primarily responsible for providing services to the child or expectant mother shall file with the court a written report stating to what extent the dispositional order has been meeting the objectives of the plan for the child's rehabilitation or care and treatment. The juvenile offender review program may file a written report regarding any child examined by the program of the child or for the rehabilitation and treatment of the expectant mother and the care of the unborn child.

AB463, s. 195 Section 195. 48.365 (2m) (a) of the statutes is amended to read:

AB463,81,2 48.365 (2m) (a) Any party may present evidence relevant to the issue of extension. The judge shall make findings of fact and conclusions of law based on the evidence, including, in the case of a child who has been placed outside of his or her home, a finding as to whether reasonable efforts were made by the agency primarily responsible for providing services to the child to make it possible for the child to return to his or her home. An order shall be issued under s. 48.355.

AB463, s. 196 Section 196. 48.365 (2m) (b) of the statutes is amended to read:

AB463,81,7 48.365 (2m) (b) If a child has been placed outside the home under s. 48.345, or if an expectant mother has been placed in an inpatient facility, as defined in s. 51.01 (10), under s. 48.347, and an extension is ordered under this subsection, the judge shall state in the record the reason for the extension.

AB463, s. 197 Section 197. 48.396 (1) of the statutes is amended to read:

AB463,81,20 48.396 (1) Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of the expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers' records of children and the expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under sub. (1b) or (1d) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child or expectant mother involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction.

AB463, s. 198 Section 198. 48.396 (1b) of the statutes is amended to read:

AB463,82,3 48.396 (1b) If requested by the parent, guardian or legal custodian of a child who is the subject of a law enforcement officer's report, or if requested by the child, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, provide to the parent, guardian, legal custodian or child a copy of that report. If requested by an expectant mother of an unborn child who is the subject of a law enforcement officer's report, a law enforcement agency may, subject to official agency policy, provide to the expectant mother a copy of that report.

AB463, s. 199 Section 199. 48.396 (1d) of the statutes is amended to read:

AB463,82,14 48.396 (1d) Upon the written permission of the parent, guardian or legal custodian of a child who is the subject of a law enforcement officer's report or upon the written permission of the child, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, make available to the person named in the permission any reports specifically identified by the parent, guardian, legal custodian or child in the written permission. Upon the written permission of an expectant mother of an unborn child who is the subject of a law enforcement officer's report, a law enforcement agency may, subject to official agency policy, make available to the person named in the permission any reports specifically identified by the expectant mother in the written permission.

AB463, s. 200 Section 200. 48.396 (2) (aj) of the statutes is created to read:

AB463,82,20 48.396 (2) (aj) Upon request of an expectant mother of an unborn child who is the subject of a record of a court specified in par. (a), the court shall open for inspection by the expectant mother the records of the court relating to that expectant mother, unless the court finds, after due notice and hearing, that inspection of those records by the expectant mother would result in imminent danger to anyone.

AB463, s. 201 Section 201. 48.396 (2) (ap) of the statutes is created to read:

AB463,83,2 48.396 (2) (ap) Upon the written permission of an expectant mother of an unborn child who is the subject of a record of a court specified in par. (a), the court shall open for inspection by the person named in the permission any records specifically identified by the expectant mother in the written permission, unless the court finds, after due notice and hearing, that inspection of those records by the person named in the permission would result in imminent danger to anyone.

AB463, s. 202 Section 202. 48.396 (5) (b) of the statutes is amended to read:

AB463,83,9 48.396 (5) (b) The court shall notify the child, the child's counsel, the child's parents and appropriate law enforcement agencies, or shall notify the expectant mother, the unborn child by its guardian ad litem and appropriate law enforcement agencies, in writing of the petition. If any person notified objects to the disclosure, the court may hold a hearing to take evidence relating to the petitioner's need for the disclosure.

AB463, s. 203 Section 203. 48.396 (5) (c) of the statutes is amended to read:

AB463,83,18 48.396 (5) (c) The court shall make an inspection, which may be in camera, of the child's records of the child or expectant mother. If the court determines that the information sought is for good cause and that it cannot be obtained with reasonable effort from other sources, it the court shall then determine whether the petitioner's need for the information outweighs society's interest in protecting its confidentiality. In making this that determination, the court shall balance the petitioner's interest of the petitioner in obtaining access to the record against the child's interest of the child or expectant mother in avoiding the stigma that might result from disclosure.

AB463, s. 204 Section 204. 48.396 (5) (e) of the statutes is amended to read:

AB463,83,22 48.396 (5) (e) The court shall record the reasons for its decision to disclose or not to disclose the child's records of the child or expectant mother. All records related to a decision under this subsection are confidential.

AB463, s. 205 Section 205. 48.44 (1) of the statutes is amended to read:

AB463,83,25 48.44 (1) The court has jurisdiction over persons 17 or older as provided under ss. 48.133, 48.355 (4) and 48.45 and as otherwise specifically provided in this chapter.

AB463, s. 206 Section 206. 48.45 (1) (am) of the statutes is created to read:

AB463,84,7 48.45 (1) (am) If in the hearing of a case of an unborn child and its expectant mother alleged to be in a condition described in s. 48.133 it appears that any person 17 years of age or over has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the unborn child and expectant mother, the judge may make orders with respect to the conduct of such person in his or her relationship to the unborn child and expectant mother.

AB463, s. 207 Section 207. 48.45 (1) (b) of the statutes is amended to read:

AB463,84,16 48.45 (1) (b) An act or failure to act contributes to a condition of a child as described in s. 48.13 or an unborn child and its expectant mother as described in s. 48.133, although the child is not actually adjudicated to come within the provisions of s. 48.13 or the unborn child and expectant mother are not actually adjudicated to come within the provisions of s. 48.133, if the natural and probable consequences of that act or failure to act would be to cause the child to come within the provisions of s. 48.13 or the unborn child and expectant mother to come within the provisions of s. 48.133.

AB463, s. 208 Section 208. 48.45 (1r) of the statutes is created to read:

AB463,84,20 48.45 (1r) In a proceeding in which an unborn child has been found to be in need of protection or services under s. 48.133, the judge may impose on the expectant mother any disposition permitted under s. 48.347.

AB463, s. 209 Section 209. 48.45 (2) of the statutes is amended to read:

AB463,85,6 48.45 (2) No order under sub. (1) (a) or (am) or (1m) (a) may be entered until the person who is the subject of the contemplated order is given an opportunity to be heard on the contemplated order. The court shall cause notice of the time, place and purpose of the hearing to be served on the person personally at least 10 days before the date of hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases in the court. At the hearing the person may be represented by counsel and may produce and cross-examine witnesses. Any person who fails to comply with any order issued by a court under sub. (1) (a) or (am) or (1m) (a) may be proceeded against for contempt of court. If the person's conduct involves a crime, the person may be proceeded against under the criminal law.

AB463, s. 210 Section 210. 48.46 (1) of the statutes is amended to read:

AB463,85,15 48.46 (1) Except as provided in sub. (2), the parent, guardian or legal custodian of the child or the child whose status is adjudicated by the court , the parent, guardian or legal custodian of that child, the unborn child whose status is adjudicated by the court or the expectant mother of that unborn child may at any time within one year after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing.

AB463, s. 211 Section 211. 48.48 (1) of the statutes is amended to read:

AB463,85,24 48.48 (1) To promote the enforcement of the laws relating to nonmarital children and, children in need of protection or services including developmentally disabled children and unborn children in need of protection or services and to take the initiative in all matters involving the interests of such those children where and unborn children when adequate provision therefor for those interests is not made. This duty shall be discharged in cooperation with the courts, county departments, licensed child welfare agencies and with parents, expectant mothers and other individuals interested in the welfare of children and unborn children.

AB463, s. 212 Section 212. 48.48 (16) of the statutes is amended to read:

AB463,86,2 48.48 (16) To establish and enforce standards for services provided under s. ss. 48.345 and 48.347.

AB463, s. 213 Section 213. 48.52 (2) (a) of the statutes is amended to read:

AB463,86,10 48.52 (2) (a) In addition to the facilities and services described in sub. (1), the department may use other facilities and services under its jurisdiction. The department may also contract for and pay for the use of other public facilities or private facilities for the care and treatment of children and the expectant mothers of unborn children in its care. Placements in institutions for the mentally ill or developmentally disabled shall be made in accordance with ss. 48.14 (5), 48.347 (5) and 48.63 and ch. 51.

AB463, s. 214 Section 214. 48.547 (1) of the statutes is amended to read:

AB463,87,2 48.547 (1) Legislative findings and purpose. The legislature finds that the use and abuse of alcohol and other drugs by children and the expectant mothers of unborn children is a state responsibility of statewide dimension. The legislature recognizes that there is a lack of adequate procedures to screen, assess and treat children and the expectant mothers of unborn children for alcohol and other drug abuse. To reduce the incidence of alcohol and other drug abuse by children and the expectant mothers of unborn children, the legislature deems it necessary to experiment with solutions to the problems of the use and abuse of alcohol and other drugs by children and the expectant mothers of unborn children by establishing a juvenile and expectant mother alcohol and other drug abuse pilot program in a limited number of counties. The purpose of the program is to develop intake and court procedures that screen, assess and give new dispositional alternatives for children and expectant mothers with needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs who come within the jurisdiction of a court assigned to exercise jurisdiction under this chapter and ch. 938 in the pilot counties selected by the department.

AB463, s. 215 Section 215. 48.547 (3) (intro.), (b) and (d) of the statutes are amended to read:

AB463,87,9 48.547 (3) Multidisciplinary screen. (intro.) By September 1, 1988, the The department shall develop provide a multidisciplinary screen for the pilot program. The screen shall be used by an intake worker to determine whether or not a child or an expectant mother of an unborn child is in need of an alcohol or other drug abuse assessment. The screen shall also include indicators that screen children and expectant mothers for:

AB463,87,10 (b) School or, truancy or work problems.

AB463,87,11 (d) Delinquent or criminal behavior patterns.

AB463, s. 216 Section 216. 48.57 (1) (a) of the statutes is amended to read:

AB463,87,22 48.57 (1) (a) To investigate the conditions surrounding nonmarital children and, children in need of protection or services including developmentally disabled children and unborn children in need of protection or services within the county and to take every reasonable action within its power to secure for them the full benefit of all laws enacted for their benefit. Unless provided by another agency, the county department shall offer social services to the caretaker of any child , and to the expectant mother of any unborn child, who is referred to it under the conditions specified in this paragraph. This duty shall be discharged in cooperation with the court and with the public officers or boards legally responsible for the administration and enforcement of these those laws.

AB463, s. 217 Section 217. 48.57 (1) (b) of the statutes is amended to read:

AB463,88,4 48.57 (1) (b) To accept legal custody of children transferred to it by the court under s. 48.355, to accept supervision over expectant mothers of unborn children who are placed under its supervision under s. 48.355 and to provide special treatment and care for children and expectant mothers if ordered by the court. A court may not order a county department to administer psychotropic medications to children and expectant mothers who receive special treatment or care under this paragraph.

AB463, s. 218 Section 218. 48.57 (1) (c) of the statutes is amended to read:

AB463,88,18 48.57 (1) (c) To provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing the those children in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them those children by licensed child welfare agencies, except that the county department shall may not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the department of education state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the department of education state superintendent of public instruction.

AB463, s. 219 Section 219. 48.57 (1) (g) of the statutes is amended to read:

AB463,88,22 48.57 (1) (g) Upon request of the department of health and family services or the department of corrections, to provide service for any child or expectant mother of an unborn child in the care of those departments.

AB463, s. 220 Section 220. 48.57 (2) of the statutes is amended to read:

AB463,89,2 48.57 (2) In performing the functions specified in sub. (1) the county department may avail itself of the cooperation of any individual or private agency or organization interested in the social welfare of children and unborn children in the county.

AB463, s. 221 Section 221. 48.59 (1) of the statutes is amended to read:

AB463,89,19 48.59 (1) The county department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under s. 48.345 and of every expectant mother of an unborn child placed under its supervision under s. 48.347 and make any physical or mental examinations of the child or expectant mother considered necessary to determine the type of care necessary for the child or expectant mother. The county department shall screen a child or expectant mother who is examined under this subsection to determine whether the child or expectant mother is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child or expectant mother, the results of all tests and examinations given the child or expectant mother and a complete history of all placements of the child while in the legal custody or under the supervision of the county department or of the expectant mother while under the supervision of the county department.

AB463, s. 222 Section 222. 48.59 (2) of the statutes is amended to read: