SB460, s. 5 8Section 5. 48.213 (2) (c) of the statutes is amended to read:
SB460,6,129 48.213 (2) (c) A copy of the petition shall be given to the adult expectant mother,
10and to the unborn child, through the unborn child's guardian ad litem, before the
11hearing begins. Prior notice of the hearing shall be given to the adult expectant
12mother and unborn child child's guardian ad litem in accordance with s. 48.203 (7).
SB460, s. 6 13Section 6. 48.213 (2) (d) of the statutes is amended to read:
SB460,6,1914 48.213 (2) (d) Prior to the commencement of the hearing, the adult expectant
15mother and the unborn child, through the unborn child's guardian ad litem, shall be
16informed by the court of the allegations that have been made or may be made, the
17nature and possible consequences of this hearing as compared to possible future
18hearings, the right to confront and cross-examine witnesses, and the right to present
19witnesses.
SB460, s. 7 20Section 7. 48.245 (3) of the statutes is amended to read:
SB460,7,221 48.245 (3) The obligations imposed under an informal disposition and its
22effective date shall be set forth in writing. The child and a parent, guardian, and
23legal custodian,; the child expectant mother, her parent, guardian, and legal
24custodian, and the unborn child by the unborn child's guardian ad litem,; or the adult

1expectant mother and the unborn child by the unborn child's guardian ad litem, shall
2receive a copy, as shall any agency providing services under the agreement.
SB460, s. 8 3Section 8. 48.245 (8) of the statutes is amended to read:
SB460,7,104 48.245 (8) If the obligations imposed under the informal disposition are met,
5the intake worker shall so inform the child and a parent, guardian , and legal
6custodian,; the child expectant mother, her parent, guardian, and legal custodian,
7and the unborn child by the unborn child's guardian ad litem,; or the adult expectant
8mother and the unborn child by the unborn child's guardian ad litem, in writing, and
9no petition may be filed on the charges that brought about the informal disposition
10nor may the charges be the sole basis for a petition under ss. 48.13 to 48.14.
SB460, s. 9 11Section 9. 48.255 (4) of the statutes is amended to read:
SB460,7,2312 48.255 (4) A copy of a petition under sub. (1) shall be given to the child if the
13child is 12 years of age or over and to the parents, guardian, legal custodian, and
14physical custodian. A copy of a petition under sub. (1m) shall be given to the child
15expectant mother, if 12 years of age or over, her parents, guardian, legal custodian,
16and physical custodian, and the unborn child by the unborn child's guardian ad litem
17or to the adult expectant mother, the unborn child through the unborn child's
18guardian ad litem, and the physical custodian of the expectant mother, if any. If the
19child is an Indian child who has been removed from the home of his or her parent or
20Indian custodian or the unborn child will be an Indian child when born, a copy of a
21petition under sub. (1) or (1m) shall also be given to the Indian child's Indian
22custodian and tribe or the Indian tribe with which the unborn child may be eligible
23for affiliation when born.
SB460, s. 10 24Section 10. 48.27 (3) (a) 1. of the statutes is amended to read:
SB460,8,15
148.27 (3) (a) 1. If the petition that was filed relates to facts concerning a
2situation under s. 48.13 or a situation under s. 48.133 involving an expectant mother
3who is a child, the court shall notify, under s. 48.273, the child, any parent, guardian,
4and legal custodian of the child, any foster parent or other physical custodian
5described in s. 48.62 (2) of the child, the unborn child by the unborn child's guardian
6ad litem, if applicable, and any person specified in par. (b), (d), or (e), if applicable,
7of all hearings involving the child except hearings on motions for which notice must
8be provided only to the child and his or her counsel and, if applicable, to the unborn
9child's guardian ad litem
. If parents who are entitled to notice have the same place
10of residence, notice to one constitutes notice to the other. The first notice to any
11interested party, foster parent, or other physical custodian described in s. 48.62 (2)
12shall be in writing and may have a copy of the petition attached to it. Notices of
13subsequent hearings may be given by telephone at least 72 hours before the time of
14the hearing. The person giving telephone notice shall place in the case file a signed
15statement of the time notice was given and the person to whom he or she spoke.
SB460, s. 11 16Section 11. 48.27 (3) (c) of the statutes is amended to read:
SB460,9,317 48.27 (3) (c) If the petition that was filed relates to facts concerning a situation
18under s. 48.133 involving an expectant mother who is an adult, the court shall notify,
19under s. 48.273, the unborn child by the unborn child's guardian ad litem, the
20expectant mother, the physical custodian of the expectant mother, if any, and any
21person specified in par. (d), if applicable, of all hearings involving the unborn child
22and expectant mother except hearings on motions for which notice need only be
23provided to the expectant mother and her counsel and the unborn child through the
24unborn child's guardian ad litem. The first notice to any interested party shall be
25written and may have a copy of the petition attached to it. Thereafter, notice of

1hearings may be given by telephone at least 72 hours before the time of the hearing.
2The person giving telephone notice shall place in the case file a signed statement of
3the time notice was given and the person to whom he or she spoke.
SB460, s. 12 4Section 12. 48.29 (1) of the statutes is amended to read:
SB460,9,145 48.29 (1) The child, the child's parent, guardian or legal custodian, the
6expectant mother, or the unborn child by the unborn child's guardian ad litem, either
7before or during the plea hearing, may file a written request with the clerk of the
8court or other person acting as the clerk for a substitution of the judge assigned to
9the proceeding. Upon filing the written request, the filing party shall immediately
10mail or deliver a copy of the request to the judge named in the request. When any
11person has the right to request a substitution of judge, that person's counsel or
12guardian ad litem may file the request. Not more than one such written request may
13be filed in any one proceeding, nor may any single request name more than one judge.
14This section does not apply to proceedings under s. 48.21 or 48.213.
SB460, s. 13 15Section 13. 48.293 (2) of the statutes is amended to read:
SB460,9,2516 48.293 (2) All records relating to a child, or to an unborn child and the unborn
17child's expectant mother, which that are relevant to the subject matter of a
18proceeding under this chapter shall be open to inspection by a guardian ad litem or
19counsel for any party and to inspection by the court-appointed special advocate for
20the child, upon demand and upon presentation of releases when necessary, at least
2148 hours before the proceeding. Persons and unborn children, by their guardians ad
22litem,
entitled to inspect the records may obtain copies of the records with the
23permission of the custodian of the records or with permission of the court. The court
24may instruct counsel, a guardian ad litem, or a court-appointed special advocate not
25to disclose specified items in the materials to the child or the parent, or to the

1expectant mother, if the court reasonably believes that the disclosure would be
2harmful to the interests of the child or the unborn child.
SB460, s. 14 3Section 14. 48.293 (3) of the statutes is amended to read:
SB460,10,134 48.293 (3) Upon request prior to the fact-finding hearing, counsel for the
5interests of the public shall disclose to the child, through his or her counsel or
6guardian ad litem, or to the unborn child, through the unborn child's guardian ad
7litem, the existence of any audiovisual recording of an oral statement of a child under
8s. 908.08 which that is within the possession, custody, or control of the state and shall
9make reasonable arrangements for the requesting person to view the statement. If,
10after compliance with this subsection, the state obtains possession, custody, or
11control of such a statement, counsel for the interests of the public shall promptly
12notify the requesting person of that fact and make reasonable arrangements for the
13requesting person to view the statement.
SB460, s. 15 14Section 15. 48.297 (6) of the statutes is amended to read:
SB460,10,1715 48.297 (6) A motion required to be served on a child may be served on his or
16her attorney of record. A motion required to be served on an unborn child may be
17served on the unborn child's guardian ad litem.
SB460, s. 16 18Section 16. 48.299 (1) (a) of the statutes is amended to read:
SB460,11,219 48.299 (1) (a) The general public shall be excluded from hearings under this
20chapter and from hearings by courts exercising jurisdiction under s. 48.16 unless a
21public fact-finding hearing is demanded by a child through his or her counsel, by an
22expectant mother through her counsel, or by an unborn child through the unborn
23child's guardian ad litem. However, the court shall refuse to grant the public hearing
24in a proceeding other than a proceeding under s. 48.375 (7), if a parent, guardian,

1expectant mother, or unborn child through the unborn child's guardian ad litem
2objects.
SB460, s. 17 3Section 17. 48.30 (2) of the statutes is amended to read:
SB460,11,134 48.30 (2) At the commencement of the hearing under this section the child and
5the parent, guardian, legal custodian, or Indian custodian; the child expectant
6mother, her parent, guardian, legal custodian, or Indian custodian, and the unborn
7child through
the unborn child's guardian ad litem; or the adult expectant mother
8and the unborn child through the unborn child's guardian ad litem; shall be advised
9of their the rights as specified in s. 48.243 and shall be informed that a request for
10a jury trial or for a substitution of judge under s. 48.29 must be made before the end
11of the plea hearing or is waived. Nonpetitioning parties, including the child, shall
12be granted a continuance of the plea hearing if they wish to consult with an attorney
13on the request for a jury trial or substitution of a judge.
SB460, s. 18 14Section 18. 48.31 (2) of the statutes is amended to read:
SB460,12,1015 48.31 (2) The hearing shall be to the court unless the child, the child's parent,
16guardian, or legal custodian, the unborn child by the unborn child's guardian ad
17litem, or the expectant mother of the unborn child exercises the right to a jury trial
18by demanding a jury trial at any time before or during the plea hearing. If a jury trial
19is demanded in a proceeding under s. 48.13 or 48.133, the jury shall consist of 6
20persons. If a jury trial is demanded in a proceeding under s. 48.42, the jury shall
21consist of 12 persons unless the parties agree to a lesser number. Chapters 756 and
22805 shall govern the selection of jurors. If the hearing involves a child victim or
23witness, as defined in s. 950.02, the court may order that a deposition be taken by
24audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to
25(10) and, with the district attorney, shall comply with s. 971.105. At the conclusion

1of the hearing, the court or jury shall make a determination of the facts, except that
2in a case alleging a child or an unborn child to be in need of protection or services
3under s. 48.13 or 48.133, the court shall make the determination under s. 48.13
4(intro.) or 48.133 relating to whether the child or unborn child is in need of protection
5or services that can be ordered by the court. If the court finds that the child or unborn
6child is not within the jurisdiction of the court or, in a case alleging a child or an
7unborn child to be in need of protection or services under s. 48.13 or 48.133, that the
8child or unborn child is not in need of protection or services that can be ordered by
9the court or if the court or jury finds that the facts alleged in the petition have not
10been proved, the court shall dismiss the petition with prejudice.
SB460, s. 19 11Section 19. 48.315 (1) (b) of the statutes is amended to read:
SB460,12,1412 48.315 (1) (b) Any period of delay resulting from a continuance granted at the
13request of or with the consent of the child and his or her counsel or of the unborn child
14by
the unborn child's guardian ad litem.
SB460, s. 20 15Section 20. 48.32 (1) (a) of the statutes is amended to read:
SB460,13,516 48.32 (1) (a) At any time after the filing of a petition for a proceeding relating
17to s. 48.13 or 48.133 and before the entry of judgment, the judge or a circuit court
18commissioner may suspend the proceedings and place the child or expectant mother
19under supervision in the home or present placement of the child or expectant mother.
20The court may establish terms and conditions applicable to the child and the child's
21parent, guardian, or legal custodian, to the child expectant mother and her parent,
22guardian or legal custodian, or to the adult expectant mother, including the condition
23specified in sub. (1b). The order under this section shall be known as a consent decree
24and must be agreed to by the child if 12 years of age or older, the parent, guardian,
25or legal custodian, and the person filing the petition under s. 48.25; by the child

1expectant mother, her parent, guardian, or legal custodian, the unborn child by the
2unborn child's guardian ad litem, and the person filing the petition under s. 48.25;
3or by the adult expectant mother, the unborn child by the unborn child's guardian
4ad litem, and the person filing the petition under s. 48.25. The consent decree shall
5be reduced to writing and given to the parties.
SB460, s. 21 6Section 21. 48.32 (2) (c) of the statutes is amended to read:
SB460,13,187 48.32 (2) (c) Upon the motion of the court or the application of the child, parent,
8guardian, legal custodian, expectant mother, unborn child by the unborn child's
9guardian ad litem, intake worker, or any agency supervising the child or expectant
10mother under the consent decree, the court may, after giving notice to the parties to
11the consent decree, their counsel or guardian ad litem, and the court-appointed
12special advocate for the child, if any, extend the decree for up to an additional 6
13months in the absence of objection to extension by the parties to the initial consent
14decree. If the child, parent, guardian, legal custodian, expectant mother or unborn
15child by the
unborn child's guardian ad litem objects to the extension, the judge shall
16schedule a hearing and make a determination on the issue of extension. An
17extension under this paragraph of a consent decree relating to an unborn child who
18is alleged to be in need of protection or services may be granted after the child is born.
SB460, s. 22 19Section 22. 48.355 (2) (b) 1m. of the statutes is amended to read:
SB460,14,320 48.355 (2) (b) 1m. A notice that the child's parent, guardian, or legal custodian,
21the child, if 14 years of age or over, the expectant mother, if 14 years of age or over,
22or the unborn child by the unborn child's guardian ad litem may request an agency
23that is providing care or services for the child or expectant mother or that has legal
24custody of the child to disclose to, or make available for inspection by, the parent,
25guardian, legal custodian, child, expectant mother, or unborn child by the unborn

1child's guardian ad litem the contents of any record kept or information received by
2the agency about the child or expectant mother as provided in s. 48.78 (2) (ag) and
3(aj).
SB460, s. 23 4Section 23. 48.355 (2) (d) of the statutes is amended to read:
SB460,14,155 48.355 (2) (d) The court shall provide a copy of a dispositional order relating
6to a child in need of protection or services to the child's parent, guardian, legal
7custodian, or trustee, to the child through the child's counsel or guardian ad litem,
8to the child's court-appointed special advocate, and, if the child is an Indian child
9who has been removed from the home of his or her parent or Indian custodian and
10placed outside that home, to the Indian child's Indian custodian and tribe. The court
11shall provide a copy of a dispositional order relating to an unborn child in need of
12protection or services to the expectant mother, to the unborn child through the
13unborn child's guardian ad litem, to the parent, guardian, legal custodian, or trustee
14of a child expectant mother, and, if the expectant mother is an Indian child, to the
15expectant mother's Indian custodian and tribe.
SB460, s. 24 16Section 24. 48.357 (1) (am) 1. of the statutes is amended to read:
SB460,15,817 48.357 (1) (am) 1. If the proposed change in placement involves any change in
18placement other than a change in placement specified in par. (c), the person or agency
19primarily responsible for implementing the dispositional order, the district attorney,
20or the corporation counsel shall cause written notice of the proposed change in
21placement to be sent to the child, the parent, guardian, and legal custodian of the
22child, any foster parent or other physical custodian described in s. 48.62 (2) of the
23child, the child's court-appointed special advocate, and, if the child is an Indian child
24who has been removed from the home of his or her parent or Indian custodian, the
25Indian child's Indian custodian and tribe. If the child is the expectant mother of an

1unborn child under s. 48.133, written notice shall also be sent to the unborn child by
2the unborn child's guardian ad litem. If the change in placement involves an adult
3expectant mother of an unborn child under s. 48.133, written notice shall be sent to
4the adult expectant mother and the unborn child by the unborn child's guardian ad
5litem. The notice shall contain the name and address of the new placement, the
6reasons for the change in placement, a statement describing why the new placement
7is preferable to the present placement, and a statement of how the new placement
8satisfies objectives of the treatment plan ordered by the court.
SB460, s. 25 9Section 25. 48.357 (1) (am) 2. b. of the statutes is amended to read:
SB460,15,1310 48.357 (1) (am) 2. b. By the child expectant mother, if 12 years of age or over,
11her parent, guardian, legal custodian, or Indian custodian, the unborn child by the
12unborn child's guardian ad litem, and the child expectant mother's tribe, if she is an
13Indian child who has been removed from the home of her parent or Indian custodian.
SB460, s. 26 14Section 26. 48.357 (1) (am) 2. c. of the statutes is amended to read:
SB460,15,1615 48.357 (1) (am) 2. c. By the adult expectant mother and the unborn child by the
16unborn child's guardian ad litem.
SB460, s. 27 17Section 27. 48.357 (2m) (a) of the statutes is amended to read:
SB460,16,918 48.357 (2m) (a) The child, the parent, guardian, legal custodian, or Indian
19custodian of the child, the expectant mother, the unborn child by the unborn child's
20guardian ad litem, or any person or agency primarily bound by the dispositional
21order, other than the person or agency responsible for implementing the order, may
22request a change in placement under this paragraph. The request shall contain the
23name and address of the new placement requested and shall state what new
24information is available that affects the advisability of the current placement. If the
25proposed change in placement would change the placement of a child placed in the

1child's home to a placement outside the child's home, the request shall also contain
2specific information showing that continued placement of the child in the home
3would be contrary to the welfare of the child and, unless any of the circumstances
4under s. 48.355 (2d) (b) 1. to 5. applies, specific information showing that the agency
5primarily responsible for implementing the dispositional order has made reasonable
6efforts to prevent the removal of the child from the home, while assuring that the
7child's health and safety are the paramount concerns. The request shall be
8submitted to the court. The court may also propose a change in placement on its own
9motion.
SB460, s. 28 10Section 28. 48.357 (2m) (b) of the statutes is amended to read:
SB460,17,611 48.357 (2m) (b) The court shall hold a hearing prior to ordering any change in
12placement requested or proposed under par. (a) if the request states that new
13information is available that affects the advisability of the current placement. A
14hearing is not required if the requested or proposed change in placement does not
15involve a change in placement of a child placed in the child's home to a placement
16outside the child's home, written waivers of objection to the proposed change in
17placement are signed by all persons entitled to receive notice under this paragraph,
18other than a court-appointed special advocate, and the court approves. If a hearing
19is scheduled, not less than 3 days before the hearing the court shall notify the child,
20the parent, guardian, and legal custodian of the child, any foster parent or other
21physical custodian described in s. 48.62 (2) of the child, the child's court-appointed
22special advocate, all parties who are bound by the dispositional order, and, if the child
23is an Indian child, the Indian child's Indian custodian and tribe. If the child is the
24expectant mother of an unborn child under s. 48.133, the court shall also notify the
25unborn child by
the unborn child's guardian ad litem. If the change in placement

1involves an adult expectant mother of an unborn child under s. 48.133, the court shall
2notify the adult expectant mother, the unborn child by the unborn child's guardian
3ad litem, and all parties who are bound by the dispositional order, at least 3 days prior
4to the hearing. A copy of the request or proposal for the change in placement shall
5be attached to the notice. Subject to par. (br), if all of the parties consent, the court
6may proceed immediately with the hearing.
SB460, s. 29 7Section 29. 48.363 (1) (a) of the statutes is amended to read:
SB460,17,218 48.363 (1) (a) A child, the child's parent, guardian, legal custodian, or Indian
9custodian, an expectant mother, an unborn child by the unborn child's guardian ad
10litem, any person or agency bound by a dispositional order, or the district attorney
11or corporation counsel in the county in which the dispositional order was entered
12may request a revision in the order that does not involve a change in placement,
13including a revision with respect to the amount of child support to be paid by a
14parent. The court may also propose a revision. The request or court proposal shall
15set forth in detail the nature of the proposed revision and what new information is
16available that affects the advisability of the court's disposition. The request or court
17proposal shall be submitted to the court. The court shall hold a hearing on the matter
18prior to any revision of the dispositional order if the request or court proposal
19indicates that new information is available which affects the advisability of the
20court's dispositional order, unless written waivers of objections to the revision are
21signed by all parties entitled to receive notice and the court approves.
SB460, s. 30 22Section 30. 48.363 (1) (b) of the statutes is amended to read:
SB460,18,1423 48.363 (1) (b) If a hearing is held, at least 3 days before the hearing the court
24shall notify the child, the child's parent, guardian, legal custodian, and Indian
25custodian, all parties bound by the dispositional order, the child's foster parent or

1other physical custodian described in s. 48.62 (2), the child's court-appointed special
2advocate, the district attorney or corporation counsel in the county in which the
3dispositional order was entered, and, if the child is an Indian child who is placed
4outside the home of his or her parent or Indian custodian, the Indian child's tribe.
5If the child is the expectant mother of an unborn child under s. 48.133, the court shall
6also notify the unborn child by the unborn child's guardian ad litem. If the
7proceeding involves an adult expectant mother of an unborn child under s. 48.133,
8the court shall notify the adult expectant mother, the unborn child through the
9unborn child's guardian ad litem, all parties bound by the dispositional order, and
10the district attorney or corporation counsel in the county in which the dispositional
11order was entered, at least 3 days prior to the hearing. A copy of the request or
12proposal shall be attached to the notice. If all parties consent, the court may proceed
13immediately with the hearing. No revision may extend the effective period of the
14original order.
SB460, s. 31 15Section 31. 48.365 (1m) of the statutes is amended to read:
SB460,18,2316 48.365 (1m) The parent, child, guardian, legal custodian, Indian custodian,
17expectant mother, unborn child by the unborn child's guardian ad litem, any person
18or agency bound by the dispositional order, the district attorney or corporation
19counsel in the county in which the dispositional order was entered, or the court on
20its own motion may request an extension of an order under s. 48.355 including an
21order under s. 48.355 that was entered before the child was born. The request shall
22be submitted to the court that entered the order. An order under s. 48.355 may be
23extended only as provided in this section.
SB460, s. 32 24Section 32 . 48.365 (2) of the statutes is amended to read:
SB460,19,15
148.365 (2) No order may be extended without a hearing. The court shall
2provide notice of the time and place of the hearing to the child, the child's parent,
3guardian, legal custodian, and Indian custodian, all the parties present at the
4original hearing, the child's foster parent or other physical custodian described in s.
548.62 (2), the child's court-appointed special advocate, the district attorney or
6corporation counsel in the county in which the dispositional order was entered and,
7if the child is an Indian child who is placed outside the home of his or her parent or
8Indian custodian, the Indian child's tribe. If the child is an expectant mother of an
9unborn child under s. 48.133, the court shall also notify the unborn child by the
10unborn child's guardian ad litem. If the extension hearing involves an adult
11expectant mother of an unborn child under s. 48.133, the court shall notify the adult
12expectant mother, the unborn child through the unborn child's guardian ad litem, all
13the parties present at the original hearing, and the district attorney or corporation
14counsel in the county in which the dispositional order was entered, of the time and
15place of the hearing.
SB460, s. 33 16Section 33 . 48.396 (1b) of the statutes is amended to read:
SB460,20,217 48.396 (1b) If requested by the parent, guardian, or legal custodian of a child
18who is the subject of a law enforcement officer's report, or if requested by the child,
19if 14 years of age or over, a law enforcement agency may, subject to official agency
20policy, provide to the parent, guardian, legal custodian, or child a copy of that report.
21If requested by the parent, guardian, or legal custodian of a child expectant mother
22of an unborn child who is the subject of a law enforcement officer's report, if requested
23by an expectant mother of an unborn child who is the subject of a law enforcement
24officer's report, if 14 years of age or over, or if requested by an unborn child through
25the
unborn child's guardian ad litem, a law enforcement agency may, subject to

1official agency policy, provide to the parent, guardian, legal custodian, expectant
2mother or unborn child by the unborn child's guardian ad litem a copy of that report.
SB460, s. 34 3Section 34. 48.396 (1d) of the statutes is amended to read:
SB460,20,174 48.396 (1d) Upon the written permission of the parent, guardian, or legal
5custodian of a child who is the subject of a law enforcement officer's report or upon
6the written permission of the child, if 14 years of age or over, a law enforcement
7agency may, subject to official agency policy, make available to the person named in
8the permission any reports specifically identified by the parent, guardian, legal
9custodian or child in the written permission. Upon the written permission of the
10parent, guardian, or legal custodian of a child expectant mother of an unborn child
11who is the subject of a law enforcement officer's report, or of an expectant mother of
12an unborn child who is the subject of a law enforcement officer's report, if 14 years
13of age or over, and of the unborn child by the unborn child's guardian ad litem, a law
14enforcement agency may, subject to official agency policy, make available to the
15person named in the permission any reports specifically identified by the parent,
16guardian, legal custodian or expectant mother, and unborn child by the unborn
17child's guardian ad litem in the written permission.
SB460, s. 35 18Section 35. 48.396 (2) (aj) of the statutes is amended to read:
SB460,21,419 48.396 (2) (aj) Upon request of the parent, guardian , or legal custodian of a
20child expectant mother of an unborn child who is the subject of a record of a court
21specified in par. (a), upon request of an expectant mother of an unborn child who is
22the subject of a record of a court specified in par. (a), if 14 years of age or over, or upon
23request of an unborn child by the unborn child's guardian ad litem, the court shall
24open for inspection by the parent, guardian, legal custodian, expectant mother, or
25unborn child by the unborn child's guardian ad litem the records of the court relating

1to that expectant mother, unless the court finds, after due notice and hearing, that
2inspection of those records by the parent, guardian, legal custodian, expectant
3mother, or unborn child by the unborn child's guardian ad litem would result in
4imminent danger to anyone.
SB460, s. 36 5Section 36 . 48.396 (2) (ap) of the statutes is amended to read:
SB460,21,156 48.396 (2) (ap) Upon the written permission of the parent, guardian, or legal
7custodian of a child expectant mother of an unborn child who is the subject of a record
8of a court specified in par. (a), or of an expectant mother of an unborn child who is
9the subject of a record of a court specified in par. (a), if 14 years of age or over, and
10of the unborn child by the unborn child's guardian ad litem, the court shall open for
11inspection by the person named in the permission any records specifically identified
12by the parent, guardian, legal custodian, or expectant mother, and unborn child by
13the
unborn child's guardian ad litem in the written permission, unless the court
14finds, after due notice and hearing, that inspection of those records by the person
15named in the permission would result in imminent danger to anyone.
SB460, s. 37 16Section 37 . 48.396 (5) (b) of the statutes is amended to read:
SB460,21,2317 48.396 (5) (b) The court shall notify the child, the child's counsel, the child's
18parents, appropriate law enforcement agencies, and, if the child is an expectant
19mother of an unborn child under s. 48.133, the unborn child by the unborn child's
20guardian ad litem, or shall notify the adult expectant mother, the unborn child by the
21unborn child's guardian ad litem, and appropriate law enforcement agencies, in
22writing of the petition. If any person notified objects to the disclosure, the court may
23hold a hearing to take evidence relating to the petitioner's need for the disclosure.
SB460, s. 38 24Section 38 . 48.46 (1) of the statutes is amended to read:
SB460,22,8
148.46 (1) Except as provided in subs. (1m), (2), and (3), the child whose status
2is adjudicated by the court, the parent, guardian, or legal custodian of that child, the
3guardian ad litem of an unborn child whose status is adjudicated by the court, or the
4expectant mother of that unborn child may at any time within one year after the
5entering of the court's order petition the court for a rehearing on the ground that new
6evidence has been discovered affecting the advisability of the court's original
7adjudication. Upon a showing that such evidence does exist, the court shall order a
8new hearing.
Note: Sections 2 to 32, 37 , and 38 modify provisions of the Children's Code relating
to proceedings in which an unborn child is alleged to be in need of protection or services
so that notices must be given to and rights must be exercised by the unborn child's
guardian ad litem instead of by the unborn child through the unborn child's guardian ad
litem.
SB460, s. 39 9Section 39. 48.675 of the statutes is repealed.
Note: Repeals a statute that requires the Department of Children and Families
to develop a voluntary foster parent education program for foster parents who provide
care for children with special treatment needs.
SB460, s. 40 10Section 40 . 48.78 (2) (aj) of the statutes is amended to read:
SB460,22,2011 48.78 (2) (aj) Paragraph (a) does not prohibit an agency from making available
12for inspection or disclosing the contents of a record, upon the request of a parent,
13guardian, or legal custodian of a child expectant mother of an unborn child who is
14the subject of the record, upon the request of an expectant mother of an unborn child
15who is the subject of the record, if 14 years of age or over, or upon the request of an
16unborn child by the unborn child's guardian ad litem to the parent, guardian, legal
17custodian, expectant mother, or unborn child by the unborn child's guardian ad
18litem, unless the agency determines that inspection of the record by the parent,
19guardian, legal custodian, expectant mother, or unborn child by the unborn child's
20guardian ad litem would result in imminent danger to anyone.
SB460, s. 41
1Section 41 . 48.78 (2) (ap) of the statutes is amended to read:
SB460,23,112 48.78 (2) (ap) Paragraph (a) does not prohibit an agency from making available
3for inspection or disclosing the contents of a record, upon the written permission of
4the parent, guardian, or legal custodian of a child expectant mother of an unborn
5child who is the subject of the record, or of an expectant mother of an unborn child
6who is the subject of the record, if 14 years of age or over, and of the unborn child by
7the unborn child's guardian ad litem, to the person named in the permission if the
8parent, guardian, legal custodian, or expectant mother, and unborn child by the
9unborn child's guardian ad litem, specifically identify the record in the written
10permission, unless the agency determines that inspection of the record by the person
11named in the permission would result in imminent danger to anyone.
Note: Sections 33 to 36, 40 , and 41 provide that law enforcement, juvenile court,
and agency records governed by the Children's Code may be released to certain persons
upon the request or with the permission of an unborn child's guardian ad litem instead
of upon the request or with the permission of the unborn child by the unborn child's
guardian ad litem
SB460, s. 42 12Section 42. 48.981 (3) (c) 1. a. of the statutes is amended to read:
SB460,24,1313 48.981 (3) (c) 1. a. Immediately after receiving a report under par. (a), the
14agency shall evaluate the report to determine whether there is reason to suspect that
15a caregiver has abused or neglected the child, has threatened the child with abuse
16or neglect, or has facilitated or failed to take action to prevent the suspected or
17threatened abuse or neglect of the child. Except as provided in sub. (3m), if the
18agency determines that a caregiver is suspected of abuse or neglect or of threatened
19abuse or neglect of the child, determines that a caregiver is suspected of facilitating
20or failing to take action to prevent the suspected or threatened abuse or neglect of
21the child, or cannot determine who abused or neglected the child identify an
22individual who is suspected of abuse or neglect or of threatened abuse or neglect of

1the child
, within 24 hours after receiving the report the agency shall, in accordance
2with the authority granted to the department under s. 48.48 (17) (a) 1. or the county
3department under s. 48.57 (1) (a), initiate a diligent investigation to determine if the
4child is in need of protection or services. If the agency determines that a person who
5is not a caregiver is suspected of abuse or of threatened abuse, the agency may, in
6accordance with that authority, initiate a diligent investigation to determine if the
7child is in need or protection or services. Within 24 hours after receiving a report
8under par. (a) of suspected unborn child abuse, the agency, in accordance with that
9authority, shall initiate a diligent investigation to determine if the unborn child is
10in need of protection or services. An investigation under this subd. 1. a. shall be
11conducted in accordance with standards established by the department for
12conducting child abuse and neglect investigations or unborn child abuse
13investigations.
Note: Under current law, if an agency that investigates a report of alleged child
abuse or neglect cannot determine who abused or neglected the child, the agency must
initiate a diligent investigation to determine if the child is in need of protection or services
within 24 hours after receiving the report. This Section instead requires an
investigation to be initiated within 24 hours after receiving such a report if the agency
cannot identify an individual who is suspected of abuse or neglect or of threatened abuse
or neglect of the child.
SB460, s. 43 14Section 43. 49.854 (5) (f) of the statutes is amended to read:
SB460,25,1515 49.854 (5) (f) Hearings. A hearing requested under par. (d) 6. shall be
16conducted before the circuit court rendering the order to pay support. Within 45
17business days after receiving a request for hearing under par. (d) 6., the court shall
18conduct the hearing. A circuit court commissioner may conduct the hearing. The
19hearing shall be limited to a review of whether the account holder owes the amount
20of support certified and whether any alternative payment arrangement offered by
21the department or the county child support agency is reasonable. If the court or

1circuit court commissioner makes a written determination that an alternative
2payment arrangement offered by the department or county child support agency is
3not reasonable, the court or circuit court commissioner may order an alternative
4payment arrangement. If the court or circuit court commissioner orders an
5alternative payment arrangement, the court or circuit court commissioner shall
6order the department to instruct the financial institution to release all or a portion
7of the funds. If the court or circuit court commissioner determines that the account
8holder does not owe support or owes less than the amount claimed by the
9department, the court shall order the department to return the seized funds instruct
10the financial institution to release the funds in the account
or the excess of the seized
11those funds over the amount of the delinquency to the account holder. If a circuit
12court commissioner conducts the hearing under this paragraph, the department or
13the obligor may, within 15 business days after the date that the circuit court
14commissioner makes his or her decision, request review of the decision by the court
15with jurisdiction over the action.
Note: In a hearing relating to a levy against a delinquent obligor's financial
account, provides that the court may order the department to instruct the financial
institution to release all or a portion of the funds, instead of ordering the department to
release the funds.
SB460, s. 44 16Section 44. 69.15 (3) (b) 3. of the statutes is amended to read:
SB460,26,417 69.15 (3) (b) 3. Except as provided under par. (c), if the state registrar receives
18a statement acknowledging paternity on a form prescribed by the state registrar and
19signed by both parents, and by a parent or legal guardian of any parent who is neither
20of whom was
under the age of 18 years when the form was signed, along with the fee
21under s. 69.22, the state registrar shall insert the name of the father under subd. 1.
22The state registrar shall mark the certificate to show that the form is on file. The
23form shall be available to the department of children and families or a county child

1support agency under s. 59.53 (5) pursuant to the program responsibilities under s.
249.22 or to any other person with a direct and tangible interest in the record. The
3state registrar shall include on the form for the acknowledgment the information in
4s. 767.805 and the items in s. 767.813 (5g).
Note: Modifies the statute relating to inserting the name of a father on a birth
certificate pursuant to an acknowledgement of paternity so that it is consistent with
current law under which a minor father may not sign an acknowledgement of paternity.
SB460, s. 45 5Section 45. 767.813 (5) (a) 4. of the statutes is amended to read:
SB460,26,86 767.813 (5) (a) 4. You are also notified that interference with the custody of a
7child is punishable by a fine of up to $10,000 and imprisonment for up to 5 3 years
8and 6 months. Section 948.31, stats.
Note: Changes the form for a summons in a paternity action to correctly reflect
that interfering with the custody of a child may be punished by imprisonment not to
exceed 3 years and 6 months instead of 5 years.
SB460, s. 46 9Section 46. 767.865 (1) (a) of the statutes is amended to read:
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