AB1000,,13113148.32 (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.
AB1000,63132Section 63. 48.33 (2) of the statutes is amended to read:
AB1000,,13313348.33 (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.
AB1000,64134Section 64. 48.33 (4) (intro.) of the statutes is amended to read:
AB1000,,13513548.33 (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:
AB1000,65136Section 65. 48.345 (intro.) of the statutes is amended to read:
AB1000,,13713748.345 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:
AB1000,66138Section 66. 48.345 (14) (a) of the statutes is amended to read:
AB1000,,13913948.345 (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.
AB1000,67140Section 67. 48.347 (intro.) of the statutes is amended to read:
AB1000,,14114148.347 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:
AB1000,68142Section 68. 48.347 (6) (a) of the statutes is amended to read:
AB1000,,14314348.347 (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.
AB1000,69144Section 69. 48.355 (1) of the statutes is amended to read:
AB1000,,14514548.355 (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.
AB1000,70146Section 70. 48.355 (2) (b) 2m. of the statutes is amended to read:
AB1000,,14714748.355 (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.
AB1000,71148Section 71. 48.355 (4g) (a) 1. of the statutes is amended to read:
AB1000,,14914948.355 (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.
AB1000,72150Section 72. 48.356 (1) of the statutes is amended to read:
AB1000,,15115148.356 (1) Whenever the court orders a child to be placed outside his or her of the child’s home, orders an expectant mother parent of an unborn child to be placed outside of her the expectant parent’s home, or denies a parent visitation because the child or unborn child has been adjudged to be in need of protection or services under s. 48.345, 48.347, 48.357, 48.363, or 48.365 and whenever the court reviews a permanency plan under s. 48.38 (5m), the court shall orally inform the parent or parents who appear in court or the expectant mother parent who appears in court of any grounds for termination of parental rights under s. 48.415 which may be applicable and of the conditions necessary for the child or expectant mother parent to be returned to the home or for the parent to be granted visitation.
AB1000,73152Section 73. 48.357 (1) (am) 2. b. of the statutes is amended to read:
AB1000,,15315348.357 (1) (am) 2. b. 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, the unborn child’s guardian ad litem, and the child expectant mother’s parent’s tribe, if she the child expectant parent is an Indian child who has been removed from the home of her a parent or Indian custodian.
AB1000,74154Section 74. 48.357 (5r) of the statutes is amended to read:
AB1000,,15515548.357 (5r) Expectant mother parent; placement outside the home. The court may not change the placement of an expectant mother parent of an unborn child 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.
AB1000,75156Section 75. 48.361 (2) (a) 1m. of the statutes is amended to read:
AB1000,,15715748.361 (2) (a) 1m. If an adult expectant mother parent neglects, refuses or is unable to obtain court-ordered alcohol and other drug abuse services for herself through her health insurance or other 3rd-party payments, the judge may order the adult expectant mother parent to pay for the court-ordered alcohol and drug abuse services. If the adult expectant mother parent consents to obtain court-ordered alcohol and other drug abuse services for herself through her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered alcohol and other drug abuse services, the court may order the health insurance provider or 3rd-party payer to pay for the court-ordered alcohol and other drug abuse services in accordance with the terms of the adult expectant mother’s parent’s health insurance policy or other 3rd-party payment plan.
AB1000,76158Section 76. 48.362 (3m) of the statutes is amended to read:
AB1000,,15915948.362 (3m) If an adult expectant mother parent neglects, refuses or is unable to obtain court-ordered special treatment or care for herself through her health insurance or other 3rd-party payments, the judge may order the adult expectant mother parent to pay for the court-ordered special treatment or care. If the adult expectant mother parent consents to obtain court-ordered special treatment or care for herself through her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered special treatment or care, the judge may order the health insurance provider or 3rd-party payer to pay for the court-ordered special treatment or care in accordance with the terms of the adult expectant mother’s parent’s health insurance policy or other 3rd-party payment plan.