Section 46.238. Infants and unborn children whose mothers abuse controlled substances, controlled substance analogs, or alcohol.

  If an agency, as defined in s. 48.981 (1) (ag) , receives a report under s. 146.0255 (2) or 146.0257 (2) and that agency is a county department under s. 46.22 or 46.23 or a licensed child welfare agency under contract with that county department, the agency shall offer to provide appropriate services and treatment to the infant and the infant's mother or to the unborn child, as defined in s. 48.02 (19) , and the expectant mother of the unborn child or the agency shall make arrangements for the provision of appropriate services and treatment. If an agency receives a report under s. 146.0255 (2) or 146.0257 (2) and that agency is the department or a licensed child welfare agency under contract with the department, the agency shall refer the report to the county department under s. 51.42 or 51.437 and that county department shall offer to provide, or make arrangements for the provision of, those services and that treatment.

1989 a. 122 ; 1993 a. 16 ; 1995 a. 386 , 448 ; 1997 a. 27 , 292 ; 2009 a. 79 ; 2013 a. 260 .