AB484,14,1812
48.025
(3) (b) A copy of a declaration filed with the department under sub. (1)
13shall be sent to the
mother at her last-known address
of the expectant parent or the
14person who gave birth. Nonreceipt of such copy shall not affect the validity of the
15declaration. The
mother expectant parent or the person who gave birth may send
16a written response to the declaration to the department, and the written response
17shall be filed with the declaration. Failure to send a written response shall not
18constitute an admission of the statements contained in the declaration.
AB484,25
19Section 25
. 48.025 (3) (c) of the statutes is amended to read:
AB484,15,820
48.025
(3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13
21or under a substantially similar law of another state or a person authorized to file
22a petition under s. 48.25, 48.42, 48.837, or 938.25 or under a substantially similar
23law of another state may request the department to search its files to determine
24whether a person who may be the
father parent of the child who is the subject of the
25proceeding has filed a declaration under this section. If the department has on file
1a declaration of
paternal parental interest in matters affecting the child, the
2department shall issue to the requester a copy of the declaration. If the department
3does not have on file a declaration of
paternal
parental interest in matters affecting
4the child, the department shall issue to the requester a statement that no declaration
5could be located. The department may require a person who requests a search under
6this paragraph to pay a reasonable fee that is sufficient to defray the costs to the
7department of maintaining its file of declarations and publicizing information
8relating to declarations of
paternal parental interest under this section.
AB484,26
9Section 26
. 48.025 (5) (a) 1. of the statutes is amended to read:
AB484,15,1210
48.025
(5) (a) 1. That a person claiming to be the
father parent of a nonmarital
11child may affirmatively protect his
or her parental rights by filing a declaration of
12interest under this section.
AB484,27
13Section 27
. 48.19 (1) (cm) of the statutes is amended to read:
AB484,15,2414
48.19
(1) (cm) An order of the judge if made upon a showing satisfactory to the
15judge that the child is an expectant
mother parent, that due to the child expectant
16mother's parent's habitual lack of self-control in the use of alcohol beverages,
17controlled substances or controlled substance analogs, exhibited to a severe degree,
18there is a substantial risk that the physical health of the unborn child, and of the
19child when born, will be seriously affected or endangered unless the child expectant
20mother parent is taken into custody and that the child expectant
mother parent is
21refusing or has refused to accept any alcohol or other drug abuse services offered
to
22her or is not making or has not made a good faith effort to participate in any alcohol
23or other drug abuse services
offered to her. The order shall specify that the child
24expectant
mother parent be held in custody under s. 48.207 (1).
AB484,28
25Section 28
. 48.193 (1) (c) of the statutes is amended to read:
AB484,16,11
148.193
(1) (c) An order of the judge if made upon a showing satisfactory to the
2judge that due to the adult expectant
mother's
parent's habitual lack of self-control
3in the use of alcohol beverages, controlled substances or controlled substance
4analogs, exhibited to a severe degree, there is a substantial risk that the physical
5health of the unborn child, and of the child when born, will be seriously affected or
6endangered unless the adult expectant
mother
parent is taken into custody and that
7the adult expectant
mother parent is refusing or has refused to accept any alcohol
8or other drug abuse services offered
to her or is not making or has not made a good
9faith effort to participate in any alcohol or other drug abuse services
offered to her.
10The order shall specify that the adult expectant
mother parent be held in custody
11under s. 48.207 (1m).
AB484,29
12Section 29
. 48.20 (8) (b) of the statutes is amended to read:
AB484,16,2113
48.20
(8) (b) If the child is an expectant
mother parent who has been taken into
14custody under s. 48.19 (1) (cm) or (d) 8., the
unborn child's guardian ad litem shall
15receive the same notice about the whereabouts of the child expectant mother, about
16the reasons for holding the child expectant mother in custody, and about the
17detention hearing as the child expectant mother and her parent, guardian, legal
18custodian, or Indian custodian. The intake worker shall
notify provide the notice
19under par. (a) to the child expectant
mother
parent,
her the child expectant parent's 20parent, guardian, legal custodian, or Indian custodian, and the unborn child's
21guardian ad litem.
AB484,30
22Section 30
. 48.203 (4) of the statutes is amended to read:
AB484,17,523
48.203
(4) If the adult expectant
mother parent is believed to be mentally ill,
24drug dependent or developmentally disabled, and exhibits conduct which constitutes
25a substantial probability of physical harm to
herself or others any person, or a
1substantial probability of physical impairment or injury to the adult expectant
2mother parent exists due to the impaired judgment of the adult expectant
mother 3parent, and the standards of s. 51.15 are met, the person taking the adult expectant
4mother parent into physical custody, the intake worker
, or other appropriate person
5shall proceed under s. 51.15.
AB484,31
6Section 31
. 48.203 (5) of the statutes is amended to read:
AB484,17,127
48.203
(5) If the adult expectant
mother parent is believed to be an intoxicated
8person who has threatened, attempted, or inflicted physical harm on
herself or on
9another any person and is likely to inflict such physical harm unless committed, or
10is incapacitated by alcohol or another drug, the person taking the adult expectant
11mother parent into physical custody, the intake worker, or other appropriate person
12shall proceed under s. 51.45 (11).
AB484,32
13Section 32
. 48.203 (6) (a) of the statutes is amended to read:
AB484,17,1614
48.203
(6) (a) When an adult expectant
mother parent is interviewed by an
15intake worker, the intake worker shall inform the adult expectant
mother parent of
16her the expectant parent's right to counsel.
AB484,33
17Section 33
. 48.205 (1) (d) of the statutes is amended to read:
AB484,18,218
48.205
(1) (d) Probable cause exists to believe that the child is an expectant
19mother parent, that if the child expectant
mother parent is not held, there is a
20substantial risk that the physical health of the unborn child, and of the child when
21born, will be seriously affected or endangered by the child expectant
mother's 22parent's habitual lack of self-control in the use of alcohol beverages, controlled
23substances or controlled substance analogs, exhibited to a severe degree, and that
24the child expectant
mother parent is refusing or has refused to accept any alcohol or
1other drug abuse services offered
to her or is not making or has not made a good faith
2effort to participate in any alcohol or other drug abuse services
offered to her.
AB484,34
3Section 34
. 48.205 (1m) of the statutes is amended to read:
AB484,18,144
48.205
(1m) An adult expectant
mother parent of an unborn child may be held
5under s. 48.207 (1m) if the intake worker determines that there is probable cause to
6believe that the adult expectant
mother parent is within the jurisdiction of the court,
7to believe that if the adult expectant
mother
parent is not held, there is a substantial
8risk that the physical health of the unborn child, and of the child when born, will be
9seriously affected or endangered by the adult expectant
mother's parent's habitual
10lack of self-control in the use of alcohol beverages, controlled substances or
11controlled substance analogs, exhibited to a severe degree, and to believe that the
12adult expectant
mother parent is refusing or has refused to accept any alcohol or
13other drug abuse services offered
to her or is not making or has not made a good faith
14effort to participate in any alcohol or other drug abuse services
offered to her.
AB484,35
15Section 35
. 48.21 (1) (b) 4. of the statutes is amended to read:
AB484,18,2516
48.21
(1) (b) 4. That, if the child is an expectant
mother parent who was taken
17into custody under s. 48.19 (1) (cm) or (d) 8., probable cause exists to believe that
18there is a substantial risk that if the child expectant
mother parent is not held, the
19physical health of the unborn child, and of the child when born, will be seriously
20affected or endangered by the child expectant
mother's parent's habitual lack of
21self-control in the use of alcohol beverages, controlled substances, or controlled
22substance analogs, exhibited to a severe degree, and to believe that the child
23expectant
mother parent is refusing or has refused to accept any alcohol or other drug
24abuse services offered
to her or is not making or has not made a good faith effort to
25participate in any alcohol or other drug abuse services
offered to her.
AB484,36
1Section
36. 48.213 (1) (b) of the statutes is amended to read:
AB484,19,182
48.213
(1) (b) If no petition has been filed by the time of the hearing, an adult
3expectant
mother parent of an unborn child may be held in custody with the approval
4of the judge or circuit court commissioner for an additional 72 hours after the time
5of the hearing, excluding Saturdays, Sundays and legal holidays, only if, as a result
6of the facts brought forth at the hearing, the judge or circuit court commissioner
7determines that probable cause exists to believe that there is a substantial risk that
8if the adult expectant
mother parent is not held, the physical health of the unborn
9child, and of the child when born, will be seriously affected or endangered by the
10adult expectant
mother's parent's habitual lack of self-control in the use of alcohol
11beverages, controlled substances or controlled substance analogs, exhibited to a
12severe degree, and to believe that the adult expectant
mother parent is refusing or
13has refused to accept any alcohol or other drug abuse services offered
to her or is not
14making or has not made a good faith effort to participate in any alcohol or other drug
15abuse services
offered to her. The extension may be granted only once for any
16petition. In the event of failure to file a petition within the extension period provided
17for in this paragraph, the judge or circuit court commissioner shall order the adult
18expectant
mother's parent's immediate release from custody.
AB484,37
19Section 37
. 48.217 (1) (c) 2. of the statutes is amended to read:
AB484,19,2220
48.217
(1) (c) 2. By the child expectant
mother parent, if 12 years of age or over,
21her the child expectant parent's parent, guardian, legal custodian, or Indian
22custodian, and the unborn child's guardian ad litem.
AB484,38
23Section 38
. 48.217 (4) of the statutes is amended to read:
AB484,20,624
48.217
(4) Expectant mother parent; placement outside the home. The court
25may not change the placement of an expectant
mother
parent of an unborn child
1alleged to be in need of protection or services from a placement in the expectant
2mother's parent's home to a placement outside of the expectant
mother's parent's 3home unless the court finds that the expectant
mother parent is refusing or has
4refused to accept any alcohol or other drug abuse services offered
to her or is not
5making or has not made a good faith effort to participate in any alcohol or other drug
6abuse services
offered to her.