SB907,,686848.203 (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.
SB907,3369Section 33. 48.205 (1) (d) of the statutes is amended to read:
SB907,,707048.205 (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.
SB907,3471Section 34. 48.205 (1m) of the statutes is amended to read:
SB907,,727248.205 (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.
SB907,3573Section 35. 48.21 (1) (b) 4. of the statutes is amended to read:
SB907,,747448.21 (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.
SB907,3675Section 36. 48.213 (1) (b) of the statutes is amended to read:
SB907,,767648.213 (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.
SB907,3777Section 37. 48.217 (1) (c) 2. of the statutes is amended to read:
SB907,,787848.217 (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.
SB907,3879Section 38. 48.217 (4) of the statutes is amended to read:
SB907,,808048.217 (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.
SB907,3981Section 39. 48.23 (2m) (b) of the statutes is amended to read:
SB907,,828248.23 (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.
SB907,4083Section 40. 48.245 (2r) of the statutes is amended to read:
SB907,,848448.245 (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.
SB907,4185Section 41. 48.245 (3) of the statutes is amended to read:
SB907,,868648.245 (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.
SB907,4287Section 42. 48.245 (4) of the statutes is amended to read:
SB907,,888848.245 (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.
SB907,4389Section 43. 48.245 (5) of the statutes is amended to read:
SB907,,909048.245 (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.
SB907,4491Section 44. 48.245 (8) of the statutes is amended to read:
SB907,,929248.245 (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.
SB907,4593Section 45. 48.255 (1m) (f) of the statutes is amended to read:
SB907,,949448.255 (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.
SB907,4695Section 46. 48.255 (1m) (g) of the statutes is amended to read:
SB907,,969648.255 (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).