AB463: Bill Text

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:

AB463,89,24 48.59 (2) At the department's request, the county department shall report to the department regarding children who are in the legal custody or under the supervision of the county department and expectant mothers of unborn children who are under the supervision of the county department.

AB463, s. 223 Section 223. 48.78 (2) (aj) of the statutes is created to read:

AB463,90,5 48.78 (2) (aj) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of an expectant mother of an unborn child who is the subject of the record to the expectant mother, unless the agency determines that inspection of those records by the expectant mother would result in imminent danger to anyone.

AB463, s. 224 Section 224. 48.78 (2) (ap) of the statutes is created to read:

AB463,90,13 48.78 (2) (ap) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of an expectant mother of an unborn child who is the subject of the record to the person named in the permission if the expectant mother specifically identifies the record in the written permission, unless the agency determines that inspection of those records by the person named in the permission would result in imminent danger to anyone.

AB463, s. 225 Section 225. 48.981 (title) of the statutes is amended to read:

AB463,90,16 48.981 (title) Abused or neglected children and abused unborn children.

AB463, s. 226 Section 226. 48.981 (1) (ct) of the statutes is created to read:

AB463,90,19 48.981 (1) (ct) "Indian unborn child" means an unborn child whose expectant mother is affiliated with an Indian tribe or band in any of the following ways:

AB463,90,20 1. As a member of the tribe or band.

AB463,90,22 2. As a person who is both eligible for membership in the tribe or band and the biological child of a member of the tribe or band.

AB463, s. 227 Section 227. 48.981 (1) (h) (intro.) of the statutes is amended to read:

AB463,90,25 48.981 (1) (h) (intro.) "Subject" means a person named in a report or record as either any of the following:

AB463, s. 228 Section 228. 48.981 (1) (h) 1m. of the statutes is created to read:

AB463,91,3 48.981 (1) (h) 1m. An unborn child who is the victim or alleged victim of abuse or who is at substantial risk of abuse.

AB463, s. 229 Section 229. 48.981 (1) (h) 2. of the statutes is amended to read:

AB463,91,6 48.981 (1) (h) 2. A person who is suspected of abuse or neglect or who has been determined to have abused or neglected a child or to have abused an unborn child.

AB463, s. 230 Section 230. 48.981 (2) of the statutes is amended to read:

AB463,92,6 48.981 (2) Persons required to report. A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental health professional, social worker, marriage and family therapist, professional counselor, public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or counselor, mediator under s. 767.11, child care worker in a day care center or child caring institution, day care provider, alcohol or other drug abuse counselor, member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42 or 51.437, physical therapist, occupational therapist, dietitian, speech-language pathologist, audiologist, emergency medical technician or police or law enforcement officer having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or, having reasonable cause to suspect that an unborn child seen in the course of professional duties has been abused, having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur or having reason to believe that an unborn child seen in the course of professional duties is at substantial risk of abuse shall, except as provided under sub. (2m), report as provided in sub. (3). Any other person, including an attorney, having reason to suspect that a child has been abused or neglected or, reason to suspect that an unborn child has been abused, reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur or reason to believe that an unborn child is at substantial risk of abuse may make such a report. No person making a report under this subsection may be discharged from employment for so doing.

AB463, s. 231 Section 231. 48.981 (3) (a) of the statutes is amended to read:

AB463,92,16 48.981 (3) (a) Referral of report. A person required to report under sub. (2) shall immediately inform, by telephone or personally, the county department or the sheriff or city, village or town police department of the facts and circumstances contributing to a suspicion of child abuse or neglect or of unborn child abuse or to a belief that abuse or neglect will occur. The sheriff or police department shall within 12 hours, exclusive of Saturdays, Sundays or legal holidays, refer to the county department all cases reported to it. The county department may require that a subsequent report be made in writing. Each county department shall adopt a written policy specifying the kinds of reports it will routinely report to local law enforcement authorities.

AB463, s. 232 Section 232. 48.981 (3) (b) 1. of the statutes is amended to read:

AB463,92,24 48.981 (3) (b) 1. Any person reporting under this section may request an immediate investigation by the sheriff or police department if the person has reason to suspect that a child's the health or safety of a child or of an unborn child is in immediate danger. Upon receiving such a request, the sheriff or police department shall immediately investigate to determine if there is reason to believe that the child's health or safety of the child or unborn child is in immediate danger and take any necessary action to protect the child or unborn child.

AB463, s. 233 Section 233. 48.981 (3) (b) 2m. of the statutes is created to read:

AB463,93,4 48.981 (3) (b) 2m. If the investigating officer has reason under s. 48.193 (1) (c) or (d) 2. to take the expectant mother of an unborn child into custody, the investigating officer shall take the expectant mother into custody and deliver the expectant mother to the intake worker under s. 48.203.

AB463, s. 234 Section 234. 48.981 (3) (bm) (intro.) of the statutes is amended to read:

AB463,93,15 48.981 (3) (bm) Notice of report to Indian tribal agent. (intro.) In a county which has wholly or partially within its boundaries a federally recognized Indian reservation or a bureau of Indian affairs service area for the Winnebago tribe, if a county department which receives a report under par. (a) pertaining to a child or unborn child knows that he or she the child or unborn child is an Indian child who resides in the county or is an Indian unborn child whose expectant mother resides in the county, the county department shall provide notice, which shall consist only of the name and address of the child or expectant mother and the fact that a report has been received about that child or unborn child, within 24 hours to one of the following:

AB463, s. 235 Section 235. 48.981 (3) (bm) 1. of the statutes is amended to read:

AB463,93,19 48.981 (3) (bm) 1. If the county department knows with which tribe or band the child or expectant mother is affiliated and it is a Wisconsin tribe or band, the tribal agent of that tribe or band.

AB463, s. 236 Section 236. 48.981 (3) (bm) 2. of the statutes is amended to read:

AB463,93,24 48.981 (3) (bm) 2. If the county department does not know with which tribe or band the child or expectant mother is affiliated or the child or expectant mother is not affiliated with a Wisconsin tribe or band, the tribal agent serving the reservation or Winnebago service area where the child or expectant mother resides.

AB463, s. 237 Section 237. 48.981 (3) (c) 1. of the statutes is amended to read: