AB463: Bill Text Engrossed

AB463-engrossed, s. 308 Section 308. 51.30 (4) (b) 17. of the statutes is amended to read:

AB463-engrossed,129,23 51.30 (4) (b) 17. To the county agency designated under s. 46.90 (2) or other investigating agency under s. 46.90 for the purposes of s. 46.90 (4) (a) and (5) , to the county department, as defined in s. 48.02 (2g), or the sheriff or police department for the purposes of s. 48.981 (2) and (3) or to the county protective services agency designated under s. 55.02 for purposes of s. 55.043. The treatment record holder may release treatment record information by initiating contact with the county protective services agency or county department, as defined in s. 48.02 (2g), without first receiving a request for release of the treatment record from the county protective services agency or county department.

AB463-engrossed, s. 309 Section 309. 51.61 (1) (intro.) of the statutes is amended to read:

AB463-engrossed,130,16 51.61 (1) (intro.)  In this section, "patient" means any individual who is receiving services for mental illness, developmental disabilities, alcoholism or drug dependency, including any individual who is admitted to a treatment facility in accordance with this chapter or ch. 48 or 55 or who is detained, committed or placed under this chapter or ch. 48, 55, 971, 975 or 980, or who is transferred to a treatment facility under s. 51.35 (3) or 51.37 or who is receiving care or treatment for those conditions through the department or a county department under s. 51.42 or 51.437 or in a private treatment facility. "Patient" does not include persons committed under ch. 975 who are transferred to or residing in any state prison listed under s. 302.01. In private hospitals and in public general hospitals, "patient" includes any individual who is admitted for the primary purpose of treatment of mental illness, developmental disability, alcoholism or drug abuse but does not include an individual who receives treatment in a hospital emergency room nor an individual who receives treatment on an outpatient basis at those hospitals, unless the individual is otherwise covered under this subsection. Except as provided in sub. (2), each patient shall:

AB463-engrossed, s. 310 Section 310. 146.0255 (2) of the statutes is amended to read:

AB463-engrossed,131,15 146.0255 (2) Testing. Any hospital employe who provides health care, social worker or intake worker under ch. 48 may refer an infant or an expectant mother of an unborn child, as defined in s. 48.02 (19), to a physician for testing of the infant's bodily fluids of the infant or expectant mother for controlled substances or controlled substance analogs if the hospital employe who provides health care, social worker or intake worker suspects that the infant or expectant mother has controlled substances or controlled substance analogs in the infant's bodily fluids of the infant or expectant mother because of the mother's use of controlled substances or controlled substance analogs by the mother while she was pregnant with the infant or by the expectant mother while she is pregnant with the unborn child. The physician may test the infant or expectant mother to ascertain whether or not the infant or expectant mother has controlled substances or controlled substance analogs in the infant's bodily fluids of the infant or expectant mother, if the physician determines that there is a serious risk that there are controlled substances or controlled substance analogs in the infant's bodily fluids of the infant or expectant mother because of the mother's use of controlled substances or controlled substance analogs by the mother while she was pregnant with the infant or by the expectant mother while she is pregnant with the unborn child and that the health of the infant, the unborn child or the child when born may be adversely affected by the controlled substances or controlled substance analogs. If the results of the test indicate that the infant or expectant mother does have controlled substances or controlled substance analogs in the infant's bodily fluids of the infant or expectant mother, the physician shall make a report under s. 46.238.

AB463-engrossed, s. 311 Section 311. 146.0255 (3) (intro.) of the statutes is amended to read:

AB463-engrossed,131,19 146.0255 (3) Test results. (intro.) The physician who performs a test under sub. (2) shall provide the infant's parents or guardian or the expectant mother with all of the following information:

AB463-engrossed, s. 312 Section 312. 146.82 (2) (a) 11. of the statutes is amended to read:

AB463-engrossed,132,5 146.82 (2) (a) 11. To a county department, as defined under s. 48.02 (2g), a sheriff or police department or a district attorney for purposes of investigation of threatened or suspected child abuse or neglect or suspected unborn child abuse or for purposes of prosecution of alleged child abuse or neglect, if the person conducting the investigation or prosecution identifies the subject of the record by name. The health care provider may release information by initiating contact with a county department, sheriff or police department or district attorney without receiving a request for release of the information. A person to whom a report or record is disclosed under this subdivision may not further disclose it, except to the persons, for the purposes and under the conditions specified in s. 48.981 (7).

AB463-engrossed, s. 313 Section 313. 301.01 (2) (cm) of the statutes is created to read:

AB463-engrossed,132,8 301.01 (2) (cm) Any expectant mother held in custody under ss. 48.193 to 48.213.

AB463-engrossed, s. 314 Section 314. 757.69 (1) (g) of the statutes is amended to read:

AB463-engrossed,132,25 757.69 (1) (g) When assigned to the court assigned jurisdiction under chs. 48 and 938, a court commissioner may, under ch. 48 or 938, issue summonses and warrants, order the release or detention of children apprehended or expectant mothers of unborn children taken into custody, conduct detention and shelter care hearings, conduct preliminary appearances, conduct uncontested proceedings under ss. 48.13, 48.133, 938.12, 938.13 and 938.18, enter into consent decrees and exercise the powers and perform the duties specified in par. (j) or (m), whichever is applicable, in proceedings under s. 813.122 or 813.125 in which the respondent is a child. Contested waiver hearings under s. 938.18 and dispositional hearings under ss. 48.335 and 938.335 shall be conducted by a judge. When acting in an official capacity and assigned to the children's court center, a court commissioner shall sit at the children's court center or such other facility designated by the chief judge. Any decision by the commissioner shall be reviewed by the judge of the branch of court to which the case has been assigned, upon motion of any party. Any determination, order or ruling by the commissioner may be certified to the branch of court to which such case has been assigned upon a motion of any party for a hearing de novo.

AB463-engrossed, s. 315 Section 315. 808.075 (4) (a) 4. of the statutes is amended to read:

AB463-engrossed,133,3 808.075 (4) (a) 4. Hearing for child held in custody under s. 48.21 or an adult expectant mother of an unborn child held in custody under s. 48.213.

AB463-engrossed, s. 316 Section 316. 813.122 (1) (a) of the statutes is amended to read:

AB463-engrossed,133,7 813.122 (1) (a) "Abuse" has the meaning given in s. 48.02 (1) (a) and (b) to (gm) and, in addition, includes a threat to engage in any conduct under s. 48.02 (1), other than conduct under s. 48.02 (1) (am).

AB463-engrossed, s. 317 Section 317. 904.085 (4) (d) of the statutes is amended to read:

AB463-engrossed,133,11 904.085 (4) (d) A mediator reporting child or unborn child abuse under s. 48.981 or reporting nonidentifying information for statistical, research or educational purposes does not violate this section.

AB463-engrossed, s. 318 Section 318. 905.04 (4) (e) (title) of the statutes is amended to read:

AB463-engrossed,133,13 905.04 (4) (e) (title) Abused or neglected child or abused unborn child.

AB463-engrossed, s. 319 Section 319. 905.04 (4) (e) 3. of the statutes is created to read:

AB463-engrossed,133,21 905.04 (4) (e) 3. There is no privilege in situations where the examination of the expectant mother of an abused unborn child creates a reasonable ground for an opinion of the physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor that the physical injury inflicted on the unborn child was caused by the habitual lack of self-control of the expectant mother of the unborn child in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree.

AB463-engrossed, s. 320 Section 320. 938.245 (8) of the statutes is amended to read:

AB463-engrossed,134,3 938.245 (8) If the obligations imposed under the deferred prosecution agreement are met, the intake worker shall so inform the juvenile and a parent, guardian and legal custodian in writing, and no petition may be filed or citation issued on the charges that brought about the deferred prosecution agreement nor may the charges be the sole basis for a petition under s. 48.13, 48.133, 48.14, 938.13 or 938.14.

AB463-engrossed, s. 320s Section 320s. Nonstatutory provisions.

AB463-engrossed,134,9 (1) This act shall be construed in accordance with section 990.001 (11) of the statutes so that if any provision of this act is invalid, or if the application of this act to any person or circumstance is invalid, that invalidity shall not affect any other provision or application of this act which can be given effect without the invalid provision or application.

AB463-engrossed, s. 321 Section 321.0 Initial applicability.

AB463-engrossed,134,20 (1) This act first applies to an expectant mother of an unborn child, as defined in section 48.02 (19) of the statutes, as created by this act, who exhibits a lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, to a severe degree, on the effective date of this subsection, but does not preclude consideration of a lack of that self-control exhibited before the effective date of this subsection in determining whether the lack of that self-control is habitual or is habitually exhibited to a severe degree, or in determining whether there is a substantial risk that the physical health of the unborn child, or of the child when born, will be seriously affected or endangered due to the habitual lack of that self-control, exhibited to a severe degree.

AB463-engrossed,134,21 (End)