AB484,30,818
48.32
(1) (a) At any time after the filing of a petition for a proceeding relating
19to s. 48.13 or 48.133 and before the entry of judgment, the judge or a circuit court
20commissioner may suspend the proceedings and place the child or expectant
mother 21parent under supervision in the home or present placement of the child or expectant
22mother parent. The court may establish terms and conditions applicable to the child
23and the child's parent, guardian, or legal custodian, to the child expectant
mother 24parent and
her the child expectant parent's parent, guardian or legal custodian, or
25to the adult expectant
mother parent, including the condition specified in sub. (1b).
1The order under this section shall be known as a consent decree and must be agreed
2to by the child if 12 years of age or older, the parent, guardian, or legal custodian, and
3the person filing the petition under s. 48.25; by the child expectant
mother parent,
4her the child expectant parent's parent, guardian, or legal custodian, the unborn
5child's guardian ad litem, and the person filing the petition under s. 48.25; or by the
6adult expectant
mother parent, the unborn child's guardian ad litem, and the person
7filing the petition under s. 48.25. The consent decree shall be reduced to writing and
8given to the parties.
AB484,63
9Section 63
. 48.33 (2) of the statutes is amended to read:
AB484,30,1410
48.33
(2) Home placement reports. A report recommending that the child
11remain in his or her home or
that the expectant
mother parent remain in
his or her
12home may be presented orally at the dispositional hearing if all parties consent. A
13report that is presented orally shall be transcribed and made a part of the court
14record.
AB484,64
15Section 64
. 48.33 (4) (intro.) of the statutes is amended to read:
AB484,30,2216
48.33
(4) Other out-of-home placements. (intro.) A report recommending
17placement of an adult expectant
mother parent outside of
her the expectant parent's 18home shall be in writing. A report recommending placement of a child in a foster
19home, group home, or residential care center for children and youth, in the home of
20a relative other than a parent, in the home of a guardian under s. 48.977 (2), or in
21a supervised independent living arrangement shall be in writing and shall include
22all of the following:
AB484,65
23Section 65
. 48.345 (intro.) of the statutes is amended to read:
AB484,31,13
2448.345 Disposition of child or unborn child of child expectant mother
25parent adjudged in need of protection or services. (intro.) If the judge finds
1that the child is in need of protection or services or that the unborn child of a child
2expectant
mother parent is in need of protection or services, the judge shall enter an
3order deciding one or more of the dispositions of the case as provided in this section
4under a care and treatment plan, except that the order may not place any child not
5specifically found under chs. 46, 49, 51, 54, or 115 to be developmentally disabled,
6mentally ill, or to have a disability specified in s. 115.76 (5) in facilities that
7exclusively treat those categories of children, and the court may not place any child
8expectant
mother parent of an unborn child in need of protection or services outside
9of the child expectant
mother's parent's home unless the court finds that the child
10expectant
mother parent is refusing or has refused to accept any alcohol or other drug
11abuse services offered
to her or is not making or has not made a good faith effort to
12participate in any alcohol or other drug abuse services
offered to her. The
13dispositions under this section are as follows:
AB484,66
14Section 66
. 48.345 (14) (a) of the statutes is amended to read:
AB484,32,715
48.345
(14) (a) If, based on an evaluation under s. 48.295 and the report under
16s. 48.33, the judge finds that the child expectant
mother parent of an unborn child
17in need of protection or services is in need of inpatient treatment for
her a habitual
18lack of self-control in the use of alcohol, controlled substances or controlled
19substance analogs, exhibited to a severe degree, that inpatient treatment is
20appropriate for the child expectant
mother's
parent's needs and that inpatient
21treatment is the least restrictive treatment consistent with the child expectant
22mother's parent's needs, the judge may order the child expectant
mother parent to
23enter an inpatient alcohol or other drug abuse treatment program at an inpatient
24facility, as defined in s. 51.01 (10). The inpatient facility shall, under the terms of
25a service agreement between the inpatient facility and the county in a county having
1a population of less than 750,000 or the department in a county having a population
2of 750,000 or more, or with the written and informed consent of the child expectant
3mother parent or the child expectant
mother's parent's parent if the child expectant
4mother parent has not attained the age of 12, report to the agency primarily
5responsible for providing services to the child expectant
mother parent as to whether
6the child expectant
mother parent is cooperating with the treatment and whether the
7treatment appears to be effective.
AB484,67
8Section 67
. 48.347 (intro.) of the statutes is amended to read:
AB484,32,25
948.347 Disposition of unborn child of adult expectant mother parent
10adjudged in need of protection or services. (intro.) If the judge finds that the
11unborn child of an adult expectant
mother parent is in need of protection or services,
12the judge shall enter an order deciding one or more of the dispositions of the case as
13provided in this section under a care and treatment plan, except that the order may
14not place any adult expectant
mother parent of an unborn child not specifically found
15under ch. 51, 54, or 55 to be developmentally disabled or mentally ill in a facility that
16exclusively treats those categories of individuals, and the court may not place any
17adult expectant
mother parent of an unborn child in need of protection or services
18outside of the adult expectant
mother's parent's home unless the court finds that the
19adult expectant
mother parent is refusing or has refused to accept any alcohol or
20other drug abuse services offered
to her or is not making or has not made a good faith
21effort to participate in any alcohol or other drug abuse services
offered to her. If the
22judge finds that the unborn child of a child expectant
mother parent is in need of
23protection or services, the judge shall enter an order deciding one or more of the
24dispositions of the case as provided in s. 48.345 under a care and treatment plan. The
25dispositions under this section are as follows:
AB484,68
1Section
68. 48.347 (6) (a) of the statutes is amended to read:
AB484,33,172
48.347
(6) (a) If, based on an evaluation under s. 48.295 and the report under
3s. 48.33, the judge finds that the adult expectant
mother parent is in need of inpatient
4treatment for
her a habitual lack of self-control in the use of alcohol, controlled
5substances or controlled substance analogs, exhibited to a severe degree, that
6inpatient treatment is appropriate for the adult expectant
mother's parent's needs
7and that inpatient treatment is the least restrictive treatment consistent with the
8adult expectant
mother's parent's needs, the judge may order the adult expectant
9mother parent to enter an inpatient alcohol or other drug abuse treatment program
10at an inpatient facility, as defined in s. 51.01 (10). The inpatient facility shall, under
11the terms of a service agreement between the inpatient facility and the county in a
12county having a population of less than 750,000 or the department in a county having
13a population of 750,000 or more, or with the written and informed consent of the
14adult expectant
mother parent, report to the agency primarily responsible for
15providing services to the adult expectant
mother
parent as to whether the adult
16expectant
mother parent is cooperating with the treatment and whether the
17treatment appears to be effective.
AB484,69
18Section 69
. 48.355 (1) of the statutes is amended to read:
AB484,34,1019
48.355
(1) Intent. In any order under s. 48.345 or 48.347 the judge shall decide
20on a placement and treatment finding based on evidence submitted to the judge. The
21disposition shall employ those means necessary to maintain and protect the
22well-being of the child or unborn child which are the least restrictive of the rights
23of the parent and child, of the rights of the parent and child expectant
mother parent 24or of the rights of the adult expectant
mother
parent, and which assure the care,
25treatment or rehabilitation of the child and the family, of the child expectant
mother
1parent, the unborn child and the family or of the adult expectant
mother parent and
2the unborn child, consistent with the protection of the public. When appropriate,
3and, in cases of child abuse or neglect or unborn child abuse, when it is consistent
4with the best interest of the child or unborn child in terms of physical safety and
5physical health, the family unit shall be preserved and there shall be a policy of
6transferring custody of a child from the parent or of placing an expectant
mother 7parent outside of
her the expectant parent's home only when there is no less drastic
8alternative. If there is no less drastic alternative for a child than transferring
9custody from the parent, the judge shall consider transferring custody to a relative
10whenever possible.
AB484,70
11Section 70
. 48.355 (2) (b) 2m. of the statutes is amended to read:
AB484,34,1412
48.355
(2) (b) 2m. If the adult expectant
mother parent is placed outside
her 13the expectant parent's home, the name of the place or facility, including transitional
14placements, where the expectant
mother parent shall be treated.
AB484,71
15Section 71
. 48.355 (4g) (a) 1. of the statutes is amended to read:
AB484,34,2216
48.355
(4g) (a) 1. The child's parents are parties to a pending action for divorce,
17annulment, or legal separation, a
man person determined under s. 48.299 (6) (e) 4.
18to be the biological
father parent of the child for purposes of a proceeding under this
19chapter is a party to a pending action to determine
paternity parentage of the child
20under ch. 767, or the child is the subject of a pending independent action under s.
21767.41 or 767.43 to determine legal custody of the child or visitation rights with
22respect to the child.
AB484,72
23Section 72
. 48.356 (1) of the statutes is amended to read:
AB484,35,824
48.356
(1) Whenever the court orders a child to be placed outside
his or her of
25the child's home, orders an expectant
mother
parent of an unborn child to be placed
1outside of
her the expectant parent's home, or denies a parent visitation because the
2child or unborn child has been adjudged to be in need of protection or services under
3s. 48.345, 48.347, 48.357, 48.363, or 48.365 and whenever the court reviews a
4permanency plan under s. 48.38 (5m), the court shall orally inform the parent or
5parents who appear in court or the expectant
mother
parent who appears in court
6of any grounds for termination of parental rights under s. 48.415 which may be
7applicable and of the conditions necessary for the child or expectant
mother parent 8to be returned to the home or for the parent to be granted visitation.
AB484,73
9Section 73
. 48.357 (1) (am) 2. b. of the statutes is amended to read:
AB484,35,1410
48.357
(1) (am) 2. b. By the child expectant
mother parent, if 12 years of age
11or over,
her the child expectant parent's parent, guardian, legal custodian, or Indian
12custodian, the unborn child's guardian ad litem, and the child expectant
mother's 13parent's tribe, if
she the child expectant parent is an Indian child who has been
14removed from the home of
her a parent or Indian custodian.
AB484,74
15Section 74
. 48.357 (5r) of the statutes is amended to read:
AB484,35,2316
48.357
(5r) Expectant mother parent; placement outside the home. The court
17may not change the placement of an expectant
mother
parent of an unborn child in
18need of protection or services from a placement in the expectant
mother's parent's 19home to a placement outside of the expectant
mother's parent's home unless the court
20finds that the expectant
mother parent is refusing or has refused to accept any
21alcohol or other drug abuse services offered
to her or is not making or has not made
22a good faith effort to participate in any alcohol or other drug abuse services
offered
23to her.
AB484,75
24Section 75
. 48.361 (2) (a) 1m. of the statutes is amended to read:
AB484,36,12
148.361
(2) (a) 1m. If an adult expectant
mother parent neglects, refuses or is
2unable to obtain court-ordered alcohol and other drug abuse services
for herself 3through
her health insurance or other 3rd-party payments, the judge may order the
4adult expectant
mother parent to pay for the court-ordered alcohol and drug abuse
5services. If the adult expectant
mother parent consents to obtain court-ordered
6alcohol and other drug abuse services
for herself through
her health insurance or
7other 3rd-party payments but the health insurance provider or other 3rd-party
8payer refuses to provide the court-ordered alcohol and other drug abuse services, the
9court may order the health insurance provider or 3rd-party payer to pay for the
10court-ordered alcohol and other drug abuse services in accordance with the terms
11of the adult expectant
mother's parent's health insurance policy or other 3rd-party
12payment plan.
AB484,76
13Section 76
. 48.362 (3m) of the statutes is amended to read:
AB484,36,2414
48.362
(3m) If an adult expectant
mother parent neglects, refuses or is unable
15to obtain court-ordered special treatment or care
for herself through
her health
16insurance or other 3rd-party payments, the judge may order the adult expectant
17mother parent to pay for the court-ordered special treatment or care. If the adult
18expectant
mother parent consents to obtain court-ordered special treatment or care
19for herself through
her health insurance or other 3rd-party payments but the health
20insurance provider or other 3rd-party payer refuses to provide the court-ordered
21special treatment or care, the judge may order the health insurance provider or
223rd-party payer to pay for the court-ordered special treatment or care in accordance
23with the terms of the adult expectant
mother's
parent's health insurance policy or
24other 3rd-party payment plan.