LRBs0157/2

EAW:wlj&cdc

2019 - 2020 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 559

December 6, 2019 - Offered by Representative Dittrich.

AB559-ASA1,1,7 An Act to repeal 48.422 (4); to amend 48.31 (2), 48.31 (4), 48.356 (2), 48.38 (5) (a), 48.38 (5m) (a), 48.415 (intro.), 48.415 (4) (a), 48.422 (1), 48.422 (5), 48.424 (3), 48.424 (4) (intro.), 938.356 (2), 938.38 (5) (a) and 938.38 (5m) (a); and to create 48.02 (5e), 48.13 (15), 48.356 (1m), 48.415 (3m), 48.415 (11) and 938.356 (1m) of the statutes; relating to: grounds for finding a child in need of protection or services or for terminating parental rights, right to a jury trial in a termination of parental rights proceeding, and permanency plan reviews.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB559-ASA1,1 Section 1 . 48.02 (5e) of the statutes is created to read:

AB559-ASA1,1,9 48.02 (5e) “Drug-affected child” means any of the following:

AB559-ASA1,2,4 (a) A child who suffered prenatal exposure to a controlled substance or alcohol, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in the child at birth, a positive result from a toxicology test of the mother or child at the time of the child's birth, or developmental delays or other symptoms during the child's first year of life that have been diagnosed as a fetal alcohol spectrum disorder or as caused by prenatal exposure to a controlled substance.

AB559-ASA1,2,7 (b) A child whose basic needs, as described in s. 48.01 (1) (ag), and safety have been adversely affected by a parent's or guardian's chronic and severe use of alcohol or a controlled substance.

AB559-ASA1,2 Section 2 . 48.13 (15) of the statutes is created to read:

AB559-ASA1,2,10 48.13 (15) (a) The child is a drug-affected child, as defined in s. 48.02 (5e) (a), and the petition is filed within 18 months of the child's birth.

AB559-ASA1,2,11 (b) The child is a drug-affected child, as defined in s. 48.02 (5e) (b).

AB559-ASA1,3 Section 3 . 48.31 (2) of the statutes is amended to read:

AB559-ASA1,3,11 48.31 (2) The A hearing on a termination of parental rights petition shall be to the court. A hearing on a petition under s. 48.13 or 48.133 shall be to the court unless the child, the child's parent, guardian, or legal custodian, the unborn child's guardian ad litem, or the expectant mother of the unborn child exercises the right to a jury trial by demanding a jury trial at any time before or during the plea hearing. If a jury trial is demanded in a proceeding under s. 48.13 or 48.133, the jury shall consist of 6 persons. If a jury trial is demanded in a proceeding under s. 48.42, the jury shall consist of 12 persons unless the parties agree to a lesser number. Chapters 756 and 805 shall govern the selection of jurors. If the hearing involves a child victim or witness, as defined in s. 950.02, the court may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105. At the conclusion of the a hearing on a termination of parental rights petition, the court shall make a determination of the facts. At the conclusion of a hearing on a petition under s. 48.13 or 48.133, the court or jury shall make a determination of the facts, except that in a case alleging a child or an unborn child to be in need of protection or services under s. 48.13 or 48.133, the court shall make the determination under s. 48.13 (intro.) or 48.133 relating to whether the child or unborn child is in need of protection or services that can be ordered by the court. If the court finds that the child or unborn child is not within the jurisdiction of the court or, in a case alleging a child or an unborn child to be in need of protection or services under s. 48.13 or 48.133, that the child or unborn child is not in need of protection or services that can be ordered by the court, or if the court or jury finds that the facts alleged in the petition have not been proved, the court shall dismiss the petition with prejudice.

AB559-ASA1,4 Section 4 . 48.31 (4) of the statutes is amended to read:

AB559-ASA1,4,9 48.31 (4) The court shall make findings of fact and conclusions of law relating to the allegations of a petition filed under s. 48.42. The court or jury shall make findings of fact and the court shall make conclusions of law relating to the allegations of a petition filed under s. 48.13, or 48.133 or 48.42, except that the court shall make findings of fact relating to whether the child or unborn child is in need of protection or services which that can be ordered by the court. In cases alleging a child to be in need of protection or services under s. 48.13 (11), the court may not find that the child is suffering emotional damage unless a licensed physician specializing in psychiatry or a licensed psychologist appointed by the court to examine the child has testified at the hearing that in his or her opinion the condition exists, and adequate opportunity for the cross-examination of the physician or psychologist has been afforded. The judge may use the written reports if the right to have testimony presented is voluntarily, knowingly, and intelligently waived by the guardian ad litem or legal counsel for the child and the parent or guardian. In cases alleging a child to be in need of protection or services under s. 48.13 (11m) or an unborn child to be in need of protection or services under s. 48.133, the court may not find that the child or the expectant mother of the unborn child is in need of treatment and education for needs and problems related to the use or abuse of alcohol beverages, controlled substances, or controlled substance analogs and its medical, personal, family, or social effects unless an assessment for alcohol and other drug abuse that conforms to the criteria specified under s. 48.547 (4) has been conducted by an approved treatment facility.

AB559-ASA1,5 Section 5 . 48.356 (1m) of the statutes is created to read: