AB463-engrossed,13,2116
46.95
(2) (a) The secretary shall make grants from the appropriations under
17s. 20.435 (1) (cd) and (hh) to organizations for the provision of any of the services
18specified in sub. (1) (d). Grants may be made to organizations which have provided
19those domestic abuse services in the past or to organizations which propose to
20provide those services in the future. No grant may be made to fund services for child
21or unborn child abuse or abuse of elderly persons.
AB463-engrossed,14,223
48.01
(1) (intro.) This chapter may be cited as "The Children's Code". In
24construing this chapter, the best interests of the child
or unborn child shall always
1be of paramount consideration. This chapter shall be liberally construed to
2effectuate the following express legislative purposes:
AB463-engrossed,14,184
48.01
(1) (a) While recognizing that the paramount goal of this chapter is to
5protect children
and unborn children, to preserve the unity of the family, whenever
6appropriate, by strengthening family life through assisting parents
and the
7expectant mothers of unborn children, whenever appropriate, in fulfilling their
8parental responsibilities
as parents or expectant mothers. The courts and agencies
9responsible for child welfare should assist parents
and the expectant mothers of
10unborn children in changing any circumstances in the home which might harm the
11child or
unborn child, which may require the child to be placed outside the home
or
12which may require the expectant mother to be taken into custody. The courts should
13recognize that they have the authority, in appropriate cases, not to reunite a child
14with his or her family. The courts and agencies responsible for child welfare should
15also recognize that instability and impermanence in family relationships are
16contrary to the welfare of children and should therefore recognize the importance of
17eliminating the need for children to wait unreasonable periods of time for their
18parents to correct the conditions that prevent their return to the family.
AB463-engrossed,15,720
48.01
(1) (am) To recognize that unborn children have certain basic needs
21which must be provided for, including the need to develop physically to their
22potential and the need to be free from physical harm due to the habitual lack of
23self-control of their expectant mothers in the use of alcohol beverages, controlled
24substances or controlled substance analogs, exhibited to a severe degree. It is further
25recognized that, when an expectant mother of an unborn child suffers from a
1habitual lack of self-control in the use of alcohol beverages, controlled substances or
2controlled substance analogs, exhibited to a severe degree, in order to ensure that the
3needs of the unborn child, as described in this paragraph, are provided for, the court
4may determine that it is in the best interests of the unborn child for the expectant
5mother to be ordered to receive treatment, including inpatient treatment, for that
6habitual lack of self-control, consistent with any applicable law relating to the rights
7of the expectant mother.
AB463-engrossed,15,159
48.01
(1) (ap) To recognize the compelling need to reduce the harmful financial,
10societal and emotional impacts that arise and the tremendous burdens that are
11placed on families and the community and on the health care, social services,
12educational and criminal justice systems as a result of the habitual lack of
13self-control of expectant mothers in the use of alcohol beverages, controlled
14substances or controlled substance analogs, exhibited to a severe degree, during all
15stages of pregnancy.
AB463-engrossed,16,517
48.01
(1) (bm) To ensure that unborn children are protected against the
18harmful effects resulting from the habitual lack of self-control of their expectant
19mothers in the use of alcohol beverages, controlled substances or controlled
20substance analogs, exhibited to a severe degree. To effectuate this purpose and the
21purpose specified in par. (am), it is the intent of the legislature that the provisions
22of this chapter that protect unborn children against those harmful effects and that
23provide for the needs of unborn children, as described in par. (am), shall be construed
24to apply throughout an expectant mother's pregnancy to the extent that application
25of those provisions throughout an expectant mother's pregnancy is constitutionally
1permissible and that expectant mothers who habitually lack self-control in the use
2of alcohol beverages, controlled substances or controlled substance analogs,
3exhibited to a severe degree, be encouraged to seek treatment for that habitual lack
4of self-control voluntarily when voluntary treatment would be practicable and
5effective.
AB463-engrossed,16,127
48.01
(1) (br) To encourage innovative and effective prevention, intervention
8and treatment approaches, including collaborative community efforts and the use of
9community-based programs, as significant strategies in planning and
10implementing legislative, executive and local government policies and programs
11relating to children and their families and substitute families
and to unborn children
12and their expectant mothers.
AB463-engrossed,16,1614
48.01
(1) (dm) To divert children
and unborn children from formal proceedings
15under this chapter to the extent that this is consistent with protection of children
,
16unborn children and the public safety.
AB463-engrossed,16,2218
48.02
(1) (am) When used in referring to an unborn child, serious physical harm
19inflicted on the unborn child, and the risk of serious physical harm to the child when
20born, caused by the habitual lack of self-control of the expectant mother of the
21unborn child in the use of alcohol beverages, controlled substances or controlled
22substance analogs, exhibited to a severe degree.
AB463-engrossed,17,924
48.02
(17m) "Special treatment or care" means professional services which
25need to be provided to a child or his or her family to protect the well-being of the child,
1prevent placement of the child outside the home or meet the special needs of the
2child.
"Special treatment or care" also means professional services which need to be
3provided to the expectant mother of an unborn child to protect the physical health
4of the unborn child and of the child when born from the harmful effects resulting from
5the habitual lack of self-control of the expectant mother in the use of alcohol,
6controlled substances or controlled substance analogs, exhibited to a severe degree. 7This term includes, but is not limited to, medical, psychological or psychiatric
8treatment, alcohol or other drug abuse treatment or other services which the court
9finds to be necessary and appropriate.
AB463-engrossed,17,1211
48.02
(19) "Unborn child" means a human being from the time of fertilization
12to the time of birth.
AB463-engrossed,17,19
1448.029 Pregnancy testing prohibited. No law enforcement agency, district
15attorney, corporation counsel, county department, licensed child welfare agency or
16other person involved in the investigation or prosecution of an allegation that an
17unborn child has been the victim of or is at substantial risk of abuse may, without
18a court order, require a person to take a pregnancy test in connection with that
19investigation or prosecution.
AB463-engrossed,18,1021
48.06
(1) (a) 1. In counties with a population of 500,000 or more, the county
22board of supervisors shall provide the court with the services necessary for
23investigating and supervising cases by operating a children's court center under the
24supervision of a director who is appointed as provided in s. 46.21 (1m) (a). The
25director is the chief administrative officer of the center and of the intake and
1probation sections and secure detention facilities of the center except as otherwise
2provided in this subsection. The director is charged with administration of the
3personnel and services of the sections and of the secure detention facilities, and is
4responsible for supervising both the operation of the physical plant and the
5maintenance and improvement of the buildings and grounds of the center. The
6center shall include investigative services for all children
and unborn children 7alleged to be in need of protection or services to be provided by the county
8department, and the services of an assistant district attorney or assistant
9corporation counsel or both, who shall be assigned to the center to provide
10investigative as well as legal work in the cases.
AB463-engrossed,19,912
48.06
(1) (a) 3. The county board of supervisors shall develop policies and
13establish necessary rules for the management and administration of the nonjudicial
14operations of the children's court center. The director of the center shall report and
15is responsible to the director of the county department for the execution of all
16nonjudicial operational policies and rules governing the center, including activities
17of probation officers whenever they are not performing services for the court. The
18director of the center is also responsible for the preparation and submission to the
19county board of supervisors of the annual budget for the center except for the judicial
20functions or responsibilities which are delegated by law to the judge or judges and
21clerk of circuit court. The county board of supervisors shall make provision in the
22organization of the office of director for the devolution of the director's authority in
23the case of temporary absence, illness, disability to act or a vacancy in position and
24shall establish the general qualifications for the position. The county board of
25supervisors also has the authority to investigate, arbitrate and resolve any conflict
1in the administration of the center as between judicial and nonjudicial operational
2policy and rules. The county board of supervisors does not have authority and may
3not assert jurisdiction over the disposition of any case
or
, child
, unborn child or
4expectant mother of an unborn child after a written order is made under s. 48.21
or
548.213 or if a petition is filed under s. 48.25. All personnel of the intake and probation
6sections and of the secure detention facilities shall be appointed under civil service
7by the director except that existing court service personnel having permanent civil
8service status may be reassigned to any of the respective sections within the center
9specified in this paragraph.
AB463-engrossed,19,1611
48.06
(1) (am) 3. Each intake worker whose responsibilities include
12investigation or treatment of child abuse or neglect
or unborn child abuse shall
13successfully complete additional training in child abuse and neglect
and unborn
14child abuse protective services approved by the department under s. 48.981 (8) (d).
15Not more than 4 hours of the additional training may be applied to the requirement
16under subd. 1.
AB463-engrossed,19,2318
48.06
(2) (c) Each intake worker whose responsibilities include investigation
19or treatment of child abuse or neglect
or unborn child abuse shall successfully
20complete additional training in child abuse and neglect
and unborn child abuse 21protective services approved by the department under s. 48.981 (8) (d). Not more
22than 4 hours of the additional training may be applied to the requirement under par.
23(b).
AB463-engrossed,20,9
148.065
(1) The board of supervisors of any county may authorize the chief judge
2of the judicial administrative district to appoint one or more part-time or full-time
3juvenile court commissioners who shall serve at the discretion of the chief judge. A
4juvenile court commissioner shall be licensed to practice law in this state and shall
5have been so licensed for at least 2 years immediately prior to appointment and shall
6have a demonstrated interest in the welfare of children
and unborn children. The
7chief judge may assign law clerks, bailiffs and deputies to the court commissioner.
8The chief judge shall supervise juvenile court commissioners, law clerks, bailiffs and
9deputies, except that the chief judge may delegate any of those duties.
AB463-engrossed,20,1211
48.065
(2) (bm) Conduct hearings under s. 48.213 and thereafter order an adult
12expectant mother of an unborn child to be held in or released from custody.
AB463-engrossed,20,1414
48.065
(2) (gm) Conduct uncontested proceedings under
s. ss. 48.13
and 48.133.
AB463-engrossed,20,1716
48.065
(3) (c) Make dispositions other than approving consent decrees and
17other than dispositions in uncontested proceedings under s. 48.13
or 48.133.
AB463-engrossed,20,2119
48.065
(3) (e) Make changes in placements of children
or of the expectant
20mothers of unborn children, or revisions or extensions of dispositional orders, except
21in uncontested proceedings under s. 48.13
or 48.133.
AB463-engrossed,21,223
48.067
(1) Provide intake services 24 hours a day, 7 days a week, for the purpose
24of screening children taken into custody and not released under s. 48.20 (2)
and the
1adult expectant mothers of unborn children taken into custody and not released
2under s. 48.203 (1);
AB463-engrossed,21,184
48.067
(2) Interview, unless impossible, any child
or expectant mother of an
5unborn child who is taken into physical custody and not released, and
where when 6appropriate interview other available concerned parties. If the child cannot be
7interviewed, the intake worker shall consult with the child's parent or a responsible
8adult.
If an adult expectant mother of an unborn child cannot be interviewed, the
9intake worker shall consult with an adult relative or friend of the adult expectant
10mother. No child may be placed in a secure detention facility unless the child has
11been interviewed in person by an intake worker, except that if the intake worker is
12in a place which is distant from the place where the child is or the hour is
13unreasonable, as defined by written court intake rules, and if the child meets the
14criteria under s. 48.208, the intake worker, after consulting by telephone with the
15law enforcement officer who took the child into custody, may authorize the secure
16holding of the child while the intake worker is en route to the in-person interview
17or until 8 a.m. of the morning after the night on which the child was taken into
18custody.
AB463-engrossed,21,2220
48.067
(3) Determine whether the child
or the expectant mother of an unborn
21child shall be held under s. 48.205 and such policies as the judge shall promulgate
22under s. 48.06 (1) or (2);
AB463-engrossed,21,2524
48.067
(4) If the child
or the expectant mother of an unborn child is not
25released, determine where the child
or expectant mother shall be held;
AB463-engrossed,22,32
48.067
(6m) Conduct the multidisciplinary screen in counties that have
a pilot 3an alcohol and other drug abuse program under s. 48.547.
AB463-engrossed,22,75
48.067
(8) Make interim recommendations to the court concerning children
,
6and unborn children and their expectant mothers, awaiting final disposition under
7s. 48.355; and
AB463-engrossed,22,119
48.069
(1) (a) Supervise and assist a child
and the child's family or the
10expectant mother of an unborn child pursuant to informal dispositions, a consent
11decree or order of the court.
AB463-engrossed,22,1513
48.069
(1) (c) Make an affirmative effort to obtain necessary or desired services
14for the child and the child's family
or for the expectant mother of an unborn child and
15investigate and develop resources toward that end.
AB463-engrossed,22,2417
48.07
(4) County departments that provide developmental disabilities,
18mental health or alcohol and other drug abuse services. Within the limits of
19available state and federal funds and of county funds appropriated to match state
20funds, the court may order county departments established under s. 51.42 or 51.437
21to provide special treatment or care to a child if special treatment or care has been
22ordered under s. 48.345 (6) and if s. 48.362 (4) applies
or to provide special treatment
23or care to the expectant mother of an unborn child if special treatment or care has
24been ordered under s. 48.347 (4) and if s. 48.362 (4) applies.
AB463-engrossed,23,7
148.08
(1) It is the duty of each person appointed to furnish services to the court
2as provided in ss. 48.06 and 48.07 to make such investigations and exercise such
3discretionary powers as the judge may direct, to keep a written record of such
4investigations and to submit a report to the judge. Such person shall keep informed
5concerning the conduct and condition of
the a child
or expectant mother of an unborn
6child under the person's supervision and shall report
thereon on that conduct and
7condition as the judge directs.
AB463-engrossed,23,169
48.08
(3) Any person authorized to provide or providing intake or dispositional
10services for the court under s. 48.067 or 48.069 has the power of police officers and
11deputy sheriffs only for the purpose of taking the expectant mother of an unborn
12child into physical custody when the expectant mother comes voluntarily or when
13there is a substantial risk that the physical health of the unborn child, and of the
14child when born, will be seriously affected or endangered due to the expectant
15mother's habitual lack of self-control in the use of alcohol beverages, controlled
16substances or controlled substance analogs, exhibited to a severe degree.
AB463-engrossed,23,2318
48.09
(5) By the district attorney or, if designated by the county board of
19supervisors, by the corporation counsel, in any matter arising under s. 48.13
, 48.133 20or 48.977. If the county board transfers this authority to or from the district attorney
21on or after May 11, 1990, the board may do so only if the action is effective on
22September 1 of an odd-numbered year and the board notifies the department of
23administration of that change by January 1 of that odd-numbered year.
AB463-engrossed,24,11
148.133 Jurisdiction over unborn children in need of protection or
2services and the expectant mothers of those unborn children. The court has
3exclusive original jurisdiction over an unborn child alleged to be in need of protection
4or services which can be ordered by the court whose expectant mother habitually
5lacks self-control in the use of alcohol beverages, controlled substances or controlled
6substance analogs, exhibited to a severe degree, to the extent that there is a
7substantial risk that the physical health of the unborn child, and of the child when
8born, will be seriously affected or endangered unless the expectant mother receives
9prompt and adequate treatment for that habitual lack of self-control. The court also
10has exclusive original jurisdiction over the expectant mother of an unborn child
11described in this section.
AB463-engrossed,24,14
1348.135 (title)
Referral of children and expectant mothers of unborn
14children to proceedings under chapter 51 or 55.
AB463-engrossed,24,2316
48.135
(1) If a child alleged to be in need of protection or services
or a child
17expectant mother of an unborn child alleged to be in need of protection or services 18is before the court and it appears that the child
or child expectant mother is
19developmentally disabled, mentally ill or drug dependent or suffers from alcoholism,
20the court may proceed under ch. 51 or 55.
If an adult expectant mother of an unborn
21child alleged to be in need of protection or services is before the court and it appears
22that the adult expectant mother is drug dependent or suffers from alcoholism, the
23court may proceed under ch. 51.
AB463-engrossed,25,7
148.135
(2) Any Except as provided in ss. 48.19 to 48.21 and s. 48.345 (14), any 2voluntary or involuntary admissions, placements or commitments of a child made in
3or to an inpatient facility
, as defined in s. 51.01 (10)
, shall be governed by ch. 51 or
455.
Except as provided in ss. 48.193 to 48.213 and s. 48.347 (6), any voluntary or
5involuntary admissions, placements or commitments of an adult expectant mother
6of an unborn child made in or to an inpatient facility, as defined in s. 51.01 (10), shall
7be governed by ch. 51.
AB463-engrossed,25,129
48.14
(5) Proceedings under chs. 51 and 55 which apply to minors
and
10proceedings under ch. 51 which apply to the adult expectant mothers of unborn
11children, if those adult expectant mothers appear to be drug dependent or to suffer
12from alcoholism.
AB463-engrossed,25,22
1448.15 Jurisdiction of other courts to determine legal custody. Nothing
15contained in ss. 48.13
, 48.133 and 48.14 deprives other courts of the right to
16determine the legal custody of children by habeas corpus or to determine the legal
17custody or guardianship of children if the legal custody or guardianship is incidental
18to the determination of causes pending in the other courts. But the jurisdiction of
19the court assigned to exercise jurisdiction under this chapter and ch. 938 is
20paramount in all cases involving children alleged to come within the provisions of ss.
2148.13 and 48.14
and unborn children and their expectant mothers alleged to come
22within the provisions of ss. 48.133 and 48.14 (5).
AB463-engrossed,26,724
48.185
(1) Subject to sub. (2), venue for any proceeding under ss. 48.13,
48.133, 2548.135 and 48.14 (1) to (9) may be in any of the following: the county where the child
1or the expectant mother of the unborn child resides
, or the county where the child
2is or expectant mother is present
or, in the case of a violation of a state law or a county,
3town or municipal ordinance, the county where the violation occurred. Venue for
4proceedings brought under subch. VIII is as provided in this subsection except where
5the child has been placed and is living outside the home of the child's parent pursuant
6to a dispositional order, in which case venue is as provided in sub. (2). Venue for a
7proceeding under s. 48.14 (10) is as provided in s. 801.50 (5s).
AB463-engrossed,26,189
48.185
(2) In an action under s. 48.41, venue shall be in the county where the
10birth parent or child resides at the time that the petition is filed. Venue for any
11proceeding under s. 48.363, 48.365 or 48.977, or any proceeding under subch. VIII
12when the child has been placed outside the home pursuant to a dispositional order
13under s. 48.345
or 48.347, shall be in the county where the dispositional order was
14issued, unless the child's county of residence has changed, or the parent of the child
15or the expectant mother of the unborn child has resided in a different county of this
16state for 6 months. In either case, the court may, upon a motion and for good cause
17shown, transfer the case, along with all appropriate records, to the county of
18residence of the child
or, parent
or expectant mother.
AB463-engrossed, s. 49x
19Section
49x. Subchapter IV (title) of chapter 48 [precedes 48.19] of the
20statutes is amended to read:
AB463-engrossed,26,2422
subchapter iv
23
holding a child
or an
24
expectant mother in custody
AB463-engrossed,27,4
148.19
(1) (c) An order of the judge if made upon a showing satisfactory to the
2judge that the welfare of the child demands that the child be immediately removed
3from his or her present custody. The order shall specify that the child be held in
4custody under s. 48.207
(1).
AB463-engrossed,27,166
48.19
(1) (cm) An order of the judge if made upon a showing satisfactory to the
7judge that the child is an expectant mother, that due to the child expectant mother's
8habitual lack of self-control in the use of alcohol beverages, controlled substances or
9controlled substance analogs, exhibited to a severe degree, there is a substantial risk
10that the physical health of the unborn child, and of the child when born, will be
11seriously affected or endangered unless the child expectant mother is taken into
12custody and that the child expectant mother is refusing or has refused to accept any
13alcohol or other drug abuse services offered to her or is not making or has not made
14a good faith effort to participate in any alcohol or other drug abuse services offered
15to her. The order shall specify that the child expectant mother be held in custody
16under s. 48.207 (1).