LRB-4223/1
EHS:jld:jf
2013 - 2014 LEGISLATURE
March 11, 2014 - Introduced by Representatives C. Taylor, Berceau, Johnson,
Pope, Ringhand, Sargent, Sinicki and Zamarripa, cosponsored by Senators
Shilling, Erpenbach, Harris, Risser and L. Taylor. Referred to Committee
on Judiciary.
AB860,1,3
1An Act to amend 48.23 (2m) (b) of the statutes;
relating to: legal representation
2for an adult expectant mother of an unborn child who is alleged to be in need
3of protection or services.
Analysis by the Legislative Reference Bureau
Current law grants to the court assigned to exercise jurisdiction under the
Children's Code (juvenile court) jurisdiction over an unborn child alleged to be in
need of protection or services that can be ordered by the juvenile court and whose
expectant mother habitually lacks self-control in the use of alcohol beverages,
controlled substances, or controlled substance analogs, exhibited to a severe degree,
to the extent that there is a substantial risk that the physical health of the unborn
child, and of the child when born, will be seriously affected or endangered unless the
expectant mother receives prompt and adequate treatment for that habitual lack of
self-control. Current law also grants to the juvenile court exclusive original
jurisdiction over the expectant mother of such an unborn child, and permits the
juvenile court to place an adult expectant mother outside her home under certain
circumstances.
Under current law, if a petition alleging an unborn child of an adult expectant
mother to be in need of protection or services is contested, the adult expectant mother
may not be placed outside her home unless she is represented by counsel at the
hearing at which the placement is made. However, an adult expectant mother may
waive counsel if the juvenile court is satisfied that the waiver is knowingly and
voluntarily made.
This bill requires an adult expectant mother of an unborn child who is alleged
to be in need of protection or services to be represented by counsel at all proceedings,
but may waive counsel if the juvenile court is satisfied that the waiver is knowingly
and voluntarily made.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB860,1
1Section
1. 48.23 (2m) (b) of the statutes is amended to read:
AB860,2,112
48.23
(2m) (b)
If a petition under s. 48.133 is contested, no expectant mother
3may be placed outside of her home unless the expectant mother is represented by
4counsel at the fact-finding hearing and subsequent proceedings. If the petition is
5not contested, the expectant mother may not be placed outside of her home unless
6the expectant mother is represented by counsel at the hearing at which the
7placement is made. An adult expectant mother
, however, shall be represented by
8counsel in a proceeding under s. 48.133, but may waive counsel if the court is satisfied
9that the waiver is knowingly and voluntarily made
and the court may place the adult
10expectant mother outside of her home even though the adult expectant mother was
11not represented by counsel.
