LRB-4470/1
PJH&EHS:ahe
2015 - 2016 LEGISLATURE
February 26, 2016 - Introduced by Representatives Billings, Kahl, Doyle,
Ohnstad, Spreitzer and Wachs, cosponsored by Senators Lassa, C. Larson
and Ringhand. Referred to Committee on Children and Families.
AB955,1,3 1An Act to amend 48.02 (12g), 48.13 (10), 48.13 (10m), 48.33 (1) (b), 48.355 (1),
248.981 (3) (c) 2. a. and 48.981 (3) (c) 2m. a. of the statutes; relating to: the
3definition of neglect in the Children's Code.
Analysis by the Legislative Reference Bureau
This bill changes the definition of "neglect" in the Children's Code. Under
current law, a caregiver neglects a child if he or she fails, refuses, or is unable to
provide necessary care, food, clothing, medical or dental care, or shelter so as to
seriously endanger the physical health of the child. The bill removes the word
"physical" from that definition and from descriptions of neglect throughout the
Children's Code for purposes of removing a child from the home and establishing the
jurisdiction over a child in need of protection or services of the court assigned to
exercise jurisdiction under the Children's Code.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB955,1 4Section 1. 48.02 (12g) of the statutes is amended to read:
AB955,2,25 48.02 (12g) "Neglect" means failure, refusal or inability on the part of a
6caregiver, for reasons other than poverty, to provide necessary care, food, clothing,

1medical or dental care or shelter so as to seriously endanger the physical health of
2the child.
AB955,2 3Section 2. 48.13 (10) of the statutes is amended to read:
AB955,2,74 48.13 (10) Whose parent, guardian or legal custodian neglects, refuses, or is
5unable for reasons other than poverty to provide necessary care, food, clothing,
6medical or dental care, or shelter so as to seriously endanger the physical health of
7the child;
AB955,3 8Section 3. 48.13 (10m) of the statutes is amended to read:
AB955,2,169 48.13 (10m) Whose parent, guardian, or legal custodian is at substantial risk
10of neglecting, refusing, or being unable for reasons other than poverty to provide
11necessary care, food, clothing, medical or dental care, or shelter so as to endanger
12seriously the physical health of the child, based on reliable and credible information
13that the child's parent, guardian, or legal custodian has neglected, refused, or been
14unable for reasons other than poverty to provide necessary care, food, clothing,
15medical or dental care, or shelter so as to endanger seriously the physical health of
16another child in the home;
AB955,4 17Section 4. 48.33 (1) (b) of the statutes is amended to read:
AB955,2,2418 48.33 (1) (b) A recommended plan of rehabilitation or treatment and care for
19the child or expectant mother which that is based on the investigation conducted by
20the agency and any report resulting from an examination or assessment under s.
2148.295, which that employs the least restrictive means available to accomplish the
22objectives of the plan, and, in cases of child abuse or neglect or unborn child abuse,
23which that also includes an assessment of risks to the physical safety and physical
24health of the child or unborn child and a description of a plan for controlling the risks.
AB955,5 25Section 5. 48.355 (1) of the statutes is amended to read:
AB955,3,16
148.355 (1) Intent. In any order under s. 48.345 or 48.347 the judge shall decide
2on a placement and treatment finding based on evidence submitted to the judge. The
3disposition shall employ those means necessary to maintain and protect the
4well-being of the child or unborn child which that are the least restrictive of the
5rights of the parent and child, of the rights of the parent and child expectant mother,
6or of the rights of the adult expectant mother, and which that assure the care,
7treatment, or rehabilitation of the child and the family, of the child expectant mother,
8the unborn child, and the family or of the adult expectant mother and the unborn
9child, consistent with the protection of the public. When appropriate , and, in cases
10of child abuse or neglect or unborn child abuse, when it is consistent with the best
11interest of the child or unborn child in terms of physical safety and physical health,
12the family unit shall be preserved and there shall be a policy of transferring custody
13of a child from the parent or of placing an expectant mother outside of her home only
14when there is no less drastic alternative. If there is no less drastic alternative for a
15child than transferring custody from the parent, the judge shall consider
16transferring custody to a relative whenever possible.
AB955,6 17Section 6. 48.981 (3) (c) 2. a. of the statutes is amended to read:
AB955,3,2418 48.981 (3) (c) 2. a. If the person making the investigation is an employee of the
19county department or, in a county having a population of 500,000 or more, the
20department or a licensed child welfare agency under contract with the department
21and he or she determines that it is consistent with the child's best interest in terms
22of physical safety and physical health to remove the child from his or her home for
23immediate protection, he or she shall take the child into custody under s. 48.08 (2)
24or 48.19 (1) (c) and deliver the child to the intake worker under s. 48.20.
AB955,7 25Section 7. 48.981 (3) (c) 2m. a. of the statutes is amended to read:
AB955,4,8
148.981 (3) (c) 2m. a. If the person making the investigation is an employee of
2the county department or, in a county having a population of 500,000 or more, the
3department or a licensed child welfare agency under contract with the department
4and he or she determines that it is consistent with the best interest of the unborn
5child in terms of physical safety and physical health to take the expectant mother
6into custody for the immediate protection of the unborn child, he or she shall take the
7expectant mother into custody under s. 48.08 (2), 48.19 (1) (cm), or 48.193 (1) (c) and
8deliver the expectant mother to the intake worker under s. 48.20 or 48.203.
AB955,4,99 (End)
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