SB907: Bill Text

SB907,29 Section 29. 48.20 (8) (b) of the statutes is amended to read:

SB907,,62 48.20 (8) (b) If the child is an expectant mother parent who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., the unborn child’s guardian ad litem shall receive the same notice about the whereabouts of the child expectant mother, about the reasons for holding the child expectant mother in custody, and about the detention hearing as the child expectant mother and her parent, guardian, legal custodian, or Indian custodian. The intake worker shall notify provide the notice under par. (a) to the child expectant mother parent, her the child expectant parent’s parent, guardian, legal custodian, or Indian custodian, and the unborn child’s guardian ad litem.

SB907,30 Section 30. 48.203 (4) of the statutes is amended to read:

SB907,,64 48.203 (4) If the adult expectant mother parent is believed to be mentally ill, drug dependent or developmentally disabled, and exhibits conduct which constitutes a substantial probability of physical harm to herself or others any person, or a substantial probability of physical impairment or injury to the adult expectant mother parent exists due to the impaired judgment of the adult expectant mother parent, and the standards of s. 51.15 are met, the person taking the adult expectant mother parent into physical custody, the intake worker, or other appropriate person shall proceed under s. 51.15.

SB907,31 Section 31. 48.203 (5) of the statutes is amended to read:

SB907,,66 48.203 (5) If the adult expectant mother parent is believed to be an intoxicated person who has threatened, attempted, or inflicted physical harm on herself or on another any person and is likely to inflict such physical harm unless committed, or is incapacitated by alcohol or another drug, the person taking the adult expectant mother parent into physical custody, the intake worker, or other appropriate person shall proceed under s. 51.45 (11).

SB907,32 Section 32. 48.203 (6) (a) of the statutes is amended to read:

SB907,,68 48.203 (6) (a) When an adult expectant mother parent is interviewed by an intake worker, the intake worker shall inform the adult expectant mother parent of her the expectant parent’s right to counsel.

SB907,33 Section 33. 48.205 (1) (d) of the statutes is amended to read:

SB907,,70 48.205 (1) (d) Probable cause exists to believe that the child is an expectant mother parent, that if the child expectant mother parent is not held, 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 by the child expectant mother’s parent’s habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, and that the child expectant mother parent is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her.

SB907,34 Section 34. 48.205 (1m) of the statutes is amended to read:

SB907,,72 48.205 (1m) An adult expectant mother parent of an unborn child may be held under s. 48.207 (1m) if the intake worker determines that there is probable cause to believe that the adult expectant mother parent is within the jurisdiction of the court, to believe that if the adult expectant mother parent is not held, 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 by the adult expectant mother’s parent’s habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, and to believe that the adult expectant mother parent is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her.

SB907,35 Section 35. 48.21 (1) (b) 4. of the statutes is amended to read:

SB907,,74 48.21 (1) (b) 4. That, if the child is an expectant mother parent who was taken into custody under s. 48.19 (1) (cm) or (d) 8., probable cause exists to believe that there is a substantial risk that if the child expectant mother parent is not held, the physical health of the unborn child, and of the child when born, will be seriously affected or endangered by the child expectant mother’s parent’s habitual lack of self-control in the use of alcohol beverages, controlled substances, or controlled substance analogs, exhibited to a severe degree, and to believe that the child expectant mother parent is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her.

SB907,36 Section 36. 48.213 (1) (b) of the statutes is amended to read:

SB907,,76 48.213 (1) (b) If no petition has been filed by the time of the hearing, an adult expectant mother parent of an unborn child may be held in custody with the approval of the judge or circuit court commissioner for an additional 72 hours after the time of the hearing, excluding Saturdays, Sundays and legal holidays, only if, as a result of the facts brought forth at the hearing, the judge or circuit court commissioner determines that probable cause exists to believe that there is a substantial risk that if the adult expectant mother parent is not held, the physical health of the unborn child, and of the child when born, will be seriously affected or endangered by the adult expectant mother’s parent’s habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, and to believe that the adult expectant mother parent is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. The extension may be granted only once for any petition. In the event of failure to file a petition within the extension period provided for in this paragraph, the judge or circuit court commissioner shall order the adult expectant mother’s parent’s immediate release from custody.

SB907,37 Section 37. 48.217 (1) (c) 2. of the statutes is amended to read:

SB907,,78 48.217 (1) (c) 2. By the child expectant mother parent, if 12 years of age or over, her the child expectant parent’s parent, guardian, legal custodian, or Indian custodian, and the unborn child’s guardian ad litem.

SB907,38 Section 38. 48.217 (4) of the statutes is amended to read:

SB907,,80 48.217 (4) Expectant mother parent; placement outside the home. The court may not change the placement of an expectant mother parent of an unborn child alleged to be in need of protection or services from a placement in the expectant mother’s parent’s home to a placement outside of the expectant mother’s parent’s home unless the court finds that the expectant mother parent is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her.

SB907,39 Section 39. 48.23 (2m) (b) of the statutes is amended to read:

SB907,,82 48.23 (2m) (b) If a petition under s. 48.133 is contested, no expectant mother parent may be placed outside of her the expectant parent’s home unless the expectant mother parent is represented by counsel at the fact-finding hearing and subsequent proceedings. If the petition is not contested, the expectant mother parent may not be placed outside of his or her home unless the expectant mother parent is represented by counsel at the hearing at which the placement is made. An adult expectant mother parent, however, may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court may place the adult expectant mother parent outside of her the expectant parent’s home even though the adult expectant mother parent was not represented by counsel.

SB907,40 Section 40. 48.245 (2r) of the statutes is amended to read:

SB907,,84 48.245 (2r) The intake worker may, after giving written notice to the child, the child’s parent, guardian, and legal custodian, and their counsel, if any, or after giving written notice to the child expectant mother, her parent, the child expectant parent’s parent, guardian, and legal custodian, and their counsel, if any, or after giving written notice to the adult expectant mother parent and her the adult expectant parent’s counsel, if any, extend the informal disposition for up to an additional 6 months unless the parent, guardian, or legal custodian, the child or child expectant mother parent, if 12 years of age or over, or the adult expectant mother parent objects to the extension. If the parent, guardian, or legal custodian, the child or child expectant mother parent, if 12 years of age or over, or the adult expectant mother parent objects to the extension, the intake worker may request the district attorney or corporation counsel to file a petition under s. 48.13 or 48.133. An extension under this subsection may be granted only once for any informal disposition. An extension under this subsection of an informal disposition relating to an unborn child who is alleged to be in need of protection or services may be granted after the child is born.

SB907,41 Section 41. 48.245 (3) of the statutes is amended to read:

SB907,,86 48.245 (3) The obligations imposed under an informal disposition and its effective date shall be set forth in writing. The written agreement shall state whether the child has been adopted. The child and a parent, guardian, and legal custodian; the child expectant mother, her parent, the child expectant parent’s parent, guardian, and legal custodian, and the unborn child’s guardian ad litem; or the adult expectant mother parent and the unborn child’s guardian ad litem, shall receive a copy, as shall any agency providing services under the agreement.

SB907,42 Section 42. 48.245 (4) of the statutes is amended to read:

SB907,,88 48.245 (4) The intake worker shall inform the child, if 12 years of age or over, and the child’s parent, guardian, and legal custodian, the child expectant mother parent, if 12 years of age or over, and her the child expectant parent’s parent, guardian, and legal custodian, or the adult expectant mother parent in writing of their right to terminate the informal disposition at any time or object at any time to the fact or terms of the informal disposition. If there is an objection, the intake worker may alter the terms of the agreement or request the district attorney or corporation counsel to file a petition. If the informal disposition is terminated, the intake worker may request the district attorney or corporation counsel to file a petition.

SB907,43 Section 43. 48.245 (5) of the statutes is amended to read:

SB907,,90 48.245 (5) Informal disposition shall be terminated upon the request of the child, if 12 years of age or over, or the child’s parent, guardian, or legal custodian, upon request of the child expectant mother parent, if 12 years of age or over, or her the child expectant parent’s parent, guardian, or legal custodian, or upon the request of the adult expectant mother parent.

SB907,44 Section 44. 48.245 (8) of the statutes is amended to read:

SB907,,92 48.245 (8) If the obligations imposed under the informal disposition are met, the intake worker shall so inform the child and a parent, guardian, and legal custodian; the child expectant mother, her parent, the child expectant parent’s parent, guardian, and legal custodian, and the unborn child’s guardian ad litem; or the adult expectant mother parent and the unborn child’s guardian ad litem, in writing, and no petition may be filed on the charges that brought about the informal disposition nor may the charges be the sole basis for a petition under ss. 48.13 to 48.14.

SB907,45 Section 45. 48.255 (1m) (f) of the statutes is amended to read:

SB907,,94 48.255 (1m) (f) If the expectant mother parent is a child and the child expectant mother is being held in custody outside of her the child expectant parent’s home, reliable and credible information showing that continued placement of the child expectant mother parent in her the child expectant parent’s home would be contrary to the welfare of the child expectant mother parent and, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, reliable and credible information showing that the person who took the child expectant mother parent into custody and the intake worker have made reasonable efforts to prevent the removal of the child expectant mother parent from the home, while assuring that the child expectant mother’s parent’s health and safety are the paramount concerns, and to make it possible for the child expectant mother parent to return safely home.

SB907,46 Section 46. 48.255 (1m) (g) of the statutes is amended to read:

SB907,,96 48.255 (1m) (g) If the petitioner knows or has reason to know that the expectant mother parent is an Indian child, and if the child expectant mother who has been removed from the home of her the child expectant parent’s parent or Indian custodian, reliable and credible information showing that continued custody of the child expectant mother parent by his or her parent or Indian custodian is likely to result in serious emotional or physical damage to the child expectant mother parent under s. 48.028 (4) (d) 1. and reliable and credible information showing that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful. The petition shall set forth with specificity both the information required under this paragraph and the information required under par. (f).

SB907,47 Section 47. 48.255 (4) of the statutes is amended to read:

SB907,,98 48.255 (4) A copy of a petition under sub. (1) shall be given to the child if the child is 12 years of age or over and to a parent, guardian, legal custodian, and physical custodian. A copy of a petition under sub. (1m) shall be given to the child expectant mother parent, if 12 years of age or over, her the child expectant parent’s parent, guardian, legal custodian, and physical custodian, and the unborn child’s guardian ad litem or to the adult expectant mother parent, the unborn child’s guardian ad litem, and the physical custodian of the expectant mother parent, if any. If the child is an Indian child who has been removed from the home of his or her parent or Indian custodian or the unborn child will be an Indian child when born, a copy of a petition under sub. (1) or (1m) shall also be given to the Indian child’s Indian custodian and tribe or the Indian tribe with which the unborn child may be eligible for affiliation when born.

SB907,48 Section 48. 48.27 (3) (b) 1. and 2. of the statutes are amended to read:

SB907,,100 48.27 (3) (b) 1. Except as provided in subd. 2., if the petition that was filed relates to facts concerning a situation under s. 48.13 or a situation under s. 48.133 involving an expectant mother parent who is a child and if the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry as provided under s. 767.803 and if paternity the child’s parentage has not been established, the court shall notify, under s. 48.273, all of the following persons:

SB907,,101 a. A person who has filed a declaration of paternal parental interest under s. 48.025.

SB907,,102 b. A person alleged to the court to be the father a parent of the child or who may, based on the statements of the mother parent who gave birth to the child or other information presented to the court, be the father a parent of the child.

SB907,,103 2. A court is not required to provide notice, under subd. 1., to any person who may be the father parent of a child conceived as a result of a sexual assault if a physician attests to his or her belief that there was a sexual assault of the child’s mother person who gave birth that may have resulted in the child’s conception.

SB907,49 Section 49. 48.27 (3) (c) of the statutes is amended to read:

SB907,,105 48.27 (3) (c) If the petition that was filed relates to facts concerning a situation under s. 48.133 involving an expectant mother parent who is an adult, the court shall notify, under s. 48.273, the unborn child’s guardian ad litem, the expectant mother parent, the physical custodian of the expectant mother parent, if any, and any person specified in par. (d), if applicable, of all hearings involving the unborn child and expectant mother parent except hearings on motions for which notice need only be provided to the expectant mother parent and her the expectant parent’s counsel and the unborn child’s guardian ad litem. The first notice to any interested party shall be written and may have a copy of the petition attached to it. Thereafter, notice of hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke.

SB907,50 Section 50. 48.27 (4) (b) 2. of the statutes is amended to read:

SB907,,107 48.27 (4) (b) 2. Advise the adult expectant mother parent of her the expectant parent’s right to legal counsel regardless of ability to pay.

SB907,51 Section 51. 48.27 (5) of the statutes is amended to read:

SB907,,109 48.27 (5) Subject to sub. (3) (b), the court shall make every reasonable effort to identify and notify any person who has filed a declaration of paternal parental interest under s. 48.025, any person conclusively determined from genetic test results to be the father parent under s. 767.804 (1), any person who has acknowledged paternity parentage of the child under s. 767.805 (1), and any person who has been adjudged to be the father parent of the child in a judicial proceeding unless the person’s parental rights have been terminated.

SB907,52 Section 52. 48.295 (1) of the statutes is amended to read:

SB907,,111 48.295 (1) After the filing of a petition and upon a finding by the court that reasonable cause exists to warrant a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court may order any child coming within its jurisdiction to be examined as an outpatient by personnel in an approved treatment facility for alcohol and other drug abuse, by a physician, psychiatrist or licensed psychologist, or by another expert appointed by the court holding at least a master’s degree in social work or another related field of child development, in order that the child’s physical, psychological, alcohol or other drug dependency, mental, or developmental condition may be considered. The court may also order a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4) of a parent, guardian, or legal custodian whose ability to care for a child is at issue before the court or of an expectant mother parent whose ability to control her use of alcohol beverages, controlled substances, or controlled substance analogs is at issue before the court. The court shall hear any objections by the child or the child’s parents, guardian, or legal custodian to the request for such an examination or assessment before ordering the examination or assessment. The expenses of an examination, if approved by the court, shall be paid by the county of the court ordering the examination in a county having a population of less than 750,000 or by the department in a county having a population of 750,000 or more. The payment for an alcohol and other drug abuse assessment shall be in accordance with s. 48.361.

SB907,53 Section 53. 48.299 (1) (a) of the statutes is amended to read:

SB907,,113 48.299 (1) (a) The general public shall be excluded from hearings under this chapter and from hearings by courts exercising jurisdiction under s. 48.16 unless a public fact-finding hearing is demanded by a child through his or her counsel, by an expectant mother parent through her counsel, or by an unborn child’s guardian ad litem. However, the court shall refuse to grant the public hearing in a proceeding other than a proceeding under s. 48.375 (7), if a parent, guardian, expectant mother parent, or unborn child’s guardian ad litem objects.

SB907,54 Section 54. 48.299 (6) (intro.) of the statutes is amended to read:

SB907,,115 48.299 (6) (intro.) If a man person who has been given notice under s. 48.27 (3) (b) 1., 48.977 (4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1. appears at any hearing for which he the person received the notice, alleges that he is the father to be the parent of the child, and states that he wishes requests to establish the paternity of the child child’s parentage, all of the following apply:

SB907,55 Section 55. 48.299 (6) (e) 1. of the statutes is amended to read:

SB907,,117 48.299 (6) (e) 1. In this paragraph, “genetic test” means a test that examines genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of another body material for the purpose of determining the statistical probability that a man person who is alleged to be a child’s father parent is the child’s biological father parent.

SB907,56 Section 56. 48.299 (6) (e) 2. of the statutes is amended to read:

SB907,,119 48.299 (6) (e) 2. The court shall, at the hearing, orally inform any man person specified in sub. (6) (intro.) that he or she may be required to pay for any testing ordered by the court under this paragraph or under s. 885.23.

SB907,57 Section 57. 48.299 (6) (e) 3. of the statutes is amended to read:

SB907,,121 48.299 (6) (e) 3. In addition to ordering testing as provided under s. 885.23, if the court determines that it would be in the best interests of the child, the court may order any man person specified in sub. (6) (intro.) to submit to one or more genetic tests which shall be performed by an expert qualified as an examiner of genetic markers present on the cells and of the specific body material to be used for the tests, as appointed by the court. A report completed and certified by the court-appointed expert stating genetic test results and the statistical probability that the man person alleged to be the child’s father parent is the child’s biological father parent based upon the genetic tests is admissible as evidence without expert testimony and may be entered into the record at any hearing. The court, upon request by a party, may order that independent tests be performed by other experts qualified as examiners of genetic markers present on the cells of the specific body materials to be used for the tests.

SB907,58 Section 58. 48.299 (6) (e) 4. of the statutes is amended to read:

SB907,,123 48.299 (6) (e) 4. If the genetic tests show that an alleged father parent is not excluded and that the statistical probability that the alleged father parent is the child’s biological father parent is 99.0 percent or higher, the court may determine that for purposes of a proceeding under this chapter, other than a proceeding under subch. VIII, the man person is the child’s biological parent.

SB907,59 Section 59. 48.299 (7) of the statutes is amended to read:

SB907,,125 48.299 (7) If a man person who has been given notice under s. 48.27 (3) (b) 1., 48.977 (4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1. appears at any hearing for which he the person received the notice but does not allege that he is the father to be the parent of the child and state that he wishes states a wish to establish the paternity parentage of the child, or if no man person to whom such notice was given appears at a hearing, the court may refer the matter to the state or to the attorney responsible for support enforcement under s. 59.53 (6) (a) for a determination, under s. 767.80, of whether an action should be brought for the purpose of determining the paternity parentage of the child.

SB907,60 Section 60. 48.299 (8) of the statutes is amended to read:

SB907,,127 48.299 (8) As part of the proceedings under this chapter, the court may order that a record be made of any testimony of the child’s mother person who gave birth to the child relating to the child’s paternity parentage. A record made under this subsection is admissible in a proceeding to determine the child’s paternity parentage under subch. IX of ch. 767.

SB907,61 Section 61. 48.30 (2) of the statutes is amended to read:

SB907,,129 48.30 (2) At the commencement of the hearing under this section, the child and the parent, guardian, legal custodian, or Indian custodian; the child expectant mother, her parent, the child expectant parent’s parent, guardian, legal custodian, or Indian custodian, and the unborn child’s guardian ad litem; or the adult expectant mother parent and the unborn child’s guardian ad litem; shall be advised of the rights specified in s. 48.243 and shall be informed that a request for a jury trial or for a substitution of judge under s. 48.29 must be made before the end of the plea hearing or is waived. Nonpetitioning parties, including the child, shall be granted a continuance of the plea hearing if they wish to consult with an attorney on the request for a jury trial or substitution of a judge.

SB907,62 Section 62. 48.32 (1) (a) of the statutes is amended to read:

SB907,,131 48.32 (1) (a) At any time after the filing of a petition for a proceeding relating to s. 48.13 or 48.133 and before the entry of judgment, the judge or a circuit court commissioner may suspend the proceedings and place the child or expectant mother parent under supervision in the home or present placement of the child or expectant mother parent. The court may establish terms and conditions applicable to the child and the child’s parent, guardian, or legal custodian, to the child expectant mother parent and her the child expectant parent’s parent, guardian or legal custodian, or to the adult expectant mother parent, including the condition specified in sub. (1b). The order under this section shall be known as a consent decree and must be agreed to by the child if 12 years of age or older, the parent, guardian, or legal custodian, and the person filing the petition under s. 48.25; by the child expectant mother parent, her the child expectant parent’s parent, guardian, or legal custodian, the unborn child’s guardian ad litem, and the person filing the petition under s. 48.25; or by the adult expectant mother parent, the unborn child’s guardian ad litem, and the person filing the petition under s. 48.25. The consent decree shall be reduced to writing and given to the parties.

SB907,63 Section 63. 48.33 (2) of the statutes is amended to read:

SB907,,133 48.33 (2) Home placement reports. A report recommending that the child remain in his or her home or that the expectant mother parent remain in his or her home may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record.

SB907,64 Section 64. 48.33 (4) (intro.) of the statutes is amended to read:

SB907,,135 48.33 (4) Other out-of-home placements. (intro.) A report recommending placement of an adult expectant mother parent outside of her the expectant parent’s home shall be in writing. A report recommending placement of a child in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of a guardian under s. 48.977 (2), or in a supervised independent living arrangement shall be in writing and shall include all of the following:

SB907,65 Section 65. 48.345 (intro.) of the statutes is amended to read:

SB907,,137 48.345 Disposition of child or unborn child of child expectant mother parent adjudged in need of protection or services. (intro.) If the judge finds that the child is in need of protection or services or that the unborn child of a child expectant mother parent is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan, except that the order may not place any child not specifically found under chs. 46, 49, 51, 54, or 115 to be developmentally disabled, mentally ill, or to have a disability specified in s. 115.76 (5) in facilities that exclusively treat those categories of children, and the court may not place any child expectant mother parent of an unborn child in need of protection or services outside of the child expectant mother’s parent’s home unless the court finds that the child expectant mother parent is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. The dispositions under this section are as follows:

SB907,66 Section 66. 48.345 (14) (a) of the statutes is amended to read:

SB907,,139 48.345 (14) (a) If, based on an evaluation under s. 48.295 and the report under s. 48.33, the judge finds that the child expectant mother parent of an unborn child in need of protection or services is in need of inpatient treatment for her a habitual lack of self-control in the use of alcohol, controlled substances or controlled substance analogs, exhibited to a severe degree, that inpatient treatment is appropriate for the child expectant mother’s parent’s needs and that inpatient treatment is the least restrictive treatment consistent with the child expectant mother’s parent’s needs, the judge may order the child expectant mother parent to enter an inpatient alcohol or other drug abuse treatment program at an inpatient facility, as defined in s. 51.01 (10). The inpatient facility shall, under the terms of a service agreement between the inpatient facility and the county in a county having a population of less than 750,000 or the department in a county having a population of 750,000 or more, or with the written and informed consent of the child expectant mother parent or the child expectant mother’s parent’s parent if the child expectant mother parent has not attained the age of 12, report to the agency primarily responsible for providing services to the child expectant mother parent as to whether the child expectant mother parent is cooperating with the treatment and whether the treatment appears to be effective.

SB907,67 Section 67. 48.347 (intro.) of the statutes is amended to read:

SB907,,141 48.347 Disposition of unborn child of adult expectant mother parent adjudged in need of protection or services. (intro.) If the judge finds that the unborn child of an adult expectant mother parent is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan, except that the order may not place any adult expectant mother parent of an unborn child not specifically found under ch. 51, 54, or 55 to be developmentally disabled or mentally ill in a facility that exclusively treats those categories of individuals, and the court may not place any adult expectant mother parent of an unborn child in need of protection or services outside of the adult expectant mother’s parent’s home unless the court finds that the adult expectant mother parent is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. If the judge finds that the unborn child of a child expectant mother parent is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in s. 48.345 under a care and treatment plan. The dispositions under this section are as follows:

SB907,68 Section 68. 48.347 (6) (a) of the statutes is amended to read:

SB907,,143 48.347 (6) (a) If, based on an evaluation under s. 48.295 and the report under s. 48.33, the judge finds that the adult expectant mother parent is in need of inpatient treatment for her a habitual lack of self-control in the use of alcohol, controlled substances or controlled substance analogs, exhibited to a severe degree, that inpatient treatment is appropriate for the adult expectant mother’s parent’s needs and that inpatient treatment is the least restrictive treatment consistent with the adult expectant mother’s parent’s needs, the judge may order the adult expectant mother parent to enter an inpatient alcohol or other drug abuse treatment program at an inpatient facility, as defined in s. 51.01 (10). The inpatient facility shall, under the terms of a service agreement between the inpatient facility and the county in a county having a population of less than 750,000 or the department in a county having a population of 750,000 or more, or with the written and informed consent of the adult expectant mother parent, report to the agency primarily responsible for providing services to the adult expectant mother parent as to whether the adult expectant mother parent is cooperating with the treatment and whether the treatment appears to be effective.

SB907,69 Section 69. 48.355 (1) of the statutes is amended to read:

SB907,,145 48.355 (1) Intent. In any order under s. 48.345 or 48.347 the judge shall decide on a placement and treatment finding based on evidence submitted to the judge. The disposition shall employ those means necessary to maintain and protect the well-being of the child or unborn child which are the least restrictive of the rights of the parent and child, of the rights of the parent and child expectant mother parent or of the rights of the adult expectant mother parent, and which assure the care, treatment or rehabilitation of the child and the family, of the child expectant mother parent, the unborn child and the family or of the adult expectant mother parent and the unborn child, consistent with the protection of the public. When appropriate, and, in cases of child abuse or neglect or unborn child abuse, when it is consistent with the best interest of the child or unborn child in terms of physical safety and physical health, the family unit shall be preserved and there shall be a policy of transferring custody of a child from the parent or of placing an expectant mother parent outside of her the expectant parent’s home only when there is no less drastic alternative. If there is no less drastic alternative for a child than transferring custody from the parent, the judge shall consider transferring custody to a relative whenever possible.

SB907,70 Section 70. 48.355 (2) (b) 2m. of the statutes is amended to read:

SB907,,147 48.355 (2) (b) 2m. If the adult expectant mother parent is placed outside her the expectant parent’s home, the name of the place or facility, including transitional placements, where the expectant mother parent shall be treated.

SB907,71 Section 71. 48.355 (4g) (a) 1. of the statutes is amended to read:

SB907,,149 48.355 (4g) (a) 1. The child’s parents are parties to a pending action for divorce, annulment, or legal separation, a man person determined under s. 48.299 (6) (e) 4. to be the biological father parent of the child for purposes of a proceeding under this chapter is a party to a pending action to determine paternity parentage of the child under ch. 767, or the child is the subject of a pending independent action under s. 767.41 or 767.43 to determine legal custody of the child or visitation rights with respect to the child.