AB428: Bill Text

3. Whether the child or the child's family has received any child welfare services prior to the report of the suspected abuse or neglect that caused the child fatality or near fatality or prior to any previous report of suspected or threatened abuse or neglect.

When disclosure is not permitted. An agency may not disclose such information if any of the following circumstances apply:

1. The agency determines that disclosure of the information would be contrary to the best interests of the child, the child's siblings, or any other child residing in the same dwelling as the child or that disclosure of the information is likely to cause mental, emotional, or physical harm or danger to and of those person or any other person.

2. The district attorney determines that disclosure of the information would jeopardize any ongoing or future criminal investigation or prosecution or would jeopardize a defendant's right to a fair trial.

3. The agency determines that disclosure of the information would jeopardize any ongoing or future civil investigation or proceeding or would jeopardize the fairness of the proceeding.

4. Disclosure of the information is not authorized by state law or rule or federal law or regulation.

5. The investigation of the abuse or neglect report has not been completed.

6. Disclosure of the information would reveal the identity of the child, the child's siblings, the child's parents, guardian, or legal custodian, or any other person residing in the same dwelling as the child.

7. Disclosure of the information would reveal the identity of the person who reported the suspected abuse or neglect that caused the child fatality or near fatality or any other person who provides information relating to that suspected abuse or neglect.

The bill — disclosure required

Incidents of death or serious injury or egregious abuse or neglect. This bill eliminates current law relating to disclosure to the general public of information about a child fatality or near fatality. Instead, the bill requires an agency that has reason to suspect that an incident of death or serious injury or an incident of egregious abuse or neglect has occurred to provide to the subunit of DCF responsible for statewide oversight of child abuse and neglect programs, within two working days after determining that such an incident is suspected to have occurred, the age of the child; the date of the incident; the suspected cause of the death, serious injury, or egregious abuse or neglect; a brief history of the child welfare services offered or provided to the child, members of the child's family, and the person suspected of the abuse or neglect; a statement of whether the child was residing in his or her home or was placed outside the home when the incident occurred; and the identity of any law enforcement agency that referred the report of the incident to the agency and of any law enforcement agency, district attorney, or other officer or agency to which the agency referred the report of the incident.

The subunit of DCF then is required to disclose to the public, within two working days after receiving that information, the fact that the subunit has received the information; whether DCF is conducting a review of the incident and, if so, the scope of the review and the identities of any other agencies with which DCF is cooperating at that point in conducting the review; whether the child was residing in the home or was placed in an out-of-home placement at the time of the incident; and information about the child, including the age of the child. If the information received is about an incident of egregious abuse or neglect, the subunit of DCF must also make the same disclosure to a citizen review panel and, in Milwaukee County, to the Milwaukee child welfare partnership council.

Within 90 days after receiving the information, the subunit of DCF must prepare and make available to the public a summary report about the incident. That subunit may also include in the summary report a summary of any changes in policies or practices that have been made to address any issues raised in the review and recommendations for any further changes in policies, practices, rules, or statutes that may be needed to address those issues. If the subunit does not include those changes and recommended changes in the summary report, the subunit must prepare and make available to the public a report of those changes and recommended changes within six months after receiving the information.

Those public disclosure and summary report requirements do not preclude the subunit of DCF from releasing to the public any of the information required to be provided in a summary report (required information) before the summary report is made available to the public, adding to or amending a summary report if new required information is received after the summary report is made available to the public, or releasing to the public any information at any time to correct any inaccurate information reported in the news media.

If the child was residing in his or her home when the incident of death or serious injury or the incident of egregious abuse or neglect occurred, the summary report must contain all of the following:

1. Information about the child, including the age, gender, and race or ethnicity of the child, a description of the child's family, and, if relevant to the incident, a description of any special needs of the child.

2. A statement of whether any child welfare services were being provided to the child, any member of the child's family, or the person suspected of the abuse or neglect, or whether any of those persons was the subject of a referral to the agency for services, at the time of the incident and, if so, the date of the last contact between the agency providing those services and the person receiving those services.

3. A summary of all involvement of the child's parents and of the person suspected of the abuse or neglect in receiving child welfare services in the five years preceding the date of the incident.

4. A summary of any actions taken by the agency with respect to the child, any member of the child's family, and the person suspected of the abuse or neglect, including any referrals by the agency of any of those persons for services.

5. The date of the incident and the suspected cause of the death, serious injury, or egregious abuse or neglect as reported by the agency.

6. The findings on which the agency bases its reasonable suspicion that an incident of death or serious injury or an incident of egregious abuse or neglect has occurred, including any material circumstances leading to the death, serious injury, or egregious abuse or neglect of the child.

7. A summary of any services that have been provided to the child and the child's family since the date of the incident.

If the child was placed in an out-of-home placement at the time of the incident of death or serious injury or incident of egregious abuse or neglect, the summary report must contain all of the following:

1. Information about the child, including the age, gender, and race or ethnicity of the child and, if relevant to the incident, a description of any special needs of the child.

2. A description of the out-of-home placement, including the basis for the decision to place the child in that placement.

3. A description of all other persons residing in the out-of-home placement.

4. The licensing history of the out-of-home placement, including the type of license held by the operator of the placement, the period for which the placement has been licensed, and a summary of all violations by the licensee of any provisions of licensure or rules promulgated by DCF and of any other actions by the licensee or an employee of the licensee that constitute a substantial failure to protect and promote the health, safety, and welfare of a child.

5. The date of the incident and the suspected cause of the death, serious injury, or egregious abuse or neglect, as reported by the agency.

6. The findings on which the agency bases its reasonable suspicion that an incident of death or serious injury or an incident of egregious abuse or neglect has occurred, including any material circumstances leading to the death, serious injury, or egregious abuse or neglect of the child.

Incidents of sexual abuse by a caregiver. Current law requires DCF to submit an annual report to the governor and the legislature on the status of the child abuse and neglect programs administered by DCF. The report must include a full statistical analysis of the child abuse and neglect reports made through the last calendar year, an evaluation of the child abuse and neglect services offered by DCF and their effectiveness, and recommendations for additional legislation and other actions to fulfill the purposes of the child abuse and neglect reporting law.

This bill requires DCF, within 30 days after the end of each calendar quarter, to prepare and transmit to the governor, and to the appropriate standing committee of the legislature, a summary report of all reports received by DCF during the previous calendar quarter of incidents of sexual abuse by a caregiver. DCF must provide for each report included in the summary report the number of incidents of abuse reported; the dates of those incidents; the county in which those incidents occurred; the age or age group of the child who is the subject of the report; the type of placement in which the child was placed at the time of the incident; whether it was determined under the child abuse reporting law that abuse occurred; and whether the abuse resulted in injury, disease, or pregnancy. Those standing committees must review all summary reports transmitted to those committees, conduct public hearings on those summary reports no less often than annually, and submit recommendations to DCF regarding those summary reports. DCF must also make those summary reports available to the public.

What disclosure is prohibited. A summary report of an incident of death or serious injury or an incident of egregious abuse or neglect, any other release of information concerning such an incident, and a quarterly report of incidents of sexual abuse by a caregiver may not include any of the following:

1. Any information that would reveal the identity of the child who is the subject of the summary report or incident reported in the quarterly report; any member of the child's family; any member of the child's household who is a child; or any caregiver of the child.

2. Any information that would reveal the identity of the person suspected of the abuse or neglect or any employee of any agency that provided child welfare services to the child or that participated in the investigation of the incident.

3. Any information that would reveal the identity of the reporter of the incident or of any other person who provides information relating to the incident.

4. Any information the disclosure of which would not be in the best interests of the child who is the subject of the summary report or quarterly report, any member of the child's family, any member of the child's household who is a child, or any caregiver of the child, as determined by the subunit of DCF that received the information, after consultation with the agency that reported the incident of death or serious injury or the incident of egregious abuse or neglect, the district attorney of the county in which the incident occurred, or the juvenile court of that county, and after balancing the interest of the child, family or household member, or caregiver in avoiding the stigma that might result from disclosure against the interest of the public in obtaining that information.

5. Any information the disclosure of which is not authorized by state law or rule or federal law or regulation.

When disclosure is prohibited. Finally, under the bill, the subunit of DCF that prepares a summary report of an incident of death or serious injury or an incident of egregious abuse or neglect, that otherwise releases or discloses information concerning such an incident, or that prepares a quarterly report of incidents of sexual abuse by a caregiver may not make the summary report available or release or disclose the information to the public or include any information about an incident of sexual abuse by a caregiver in the quarterly report if the subunit determines that making the summary report available, releasing or disclosing the information, or including the information in the quarterly report would jeopardize: 1) any ongoing or future criminal investigation or prosecution or a defendant's right to a fair trial; or 2) any ongoing or future civil investigation or proceeding or the fairness of such a proceeding.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB428, s. 1 Section 1. 48.981 (7) (cr) of the statutes is repealed and recreated to read:

AB428,7,2 48.981 (7) (cr) 1. In this paragraph:

AB428,7,7 a. "Incident of death or serious injury" means an incident in which a child has died or been placed in serious or critical condition, as determined by a physician, as a result of any suspected abuse or neglect that has been reported under this section or in which a child who has been placed outside the home by a court order under this chapter or ch. 938 is suspected to have committed suicide.

AB428,7,12 b. "Incident of egregious abuse or neglect" means an incident of suspected abuse or neglect that has been reported under this section, other than an incident of death or serious injury, involving significant violence, torture, multiple victims, the use of inappropriate or cruel restraints, exposure of a child to a dangerous situation, or other similar, aggravated circumstances.

AB428,7,18 2. Notwithstanding par. (a), if an agency that receives a report under sub. (3) has reason to suspect that an incident of death or serious injury or an incident of egregious abuse or neglect has occurred, within 2 working days after determining that such an incident is suspected to have occurred the agency shall provide all of the following information to the subunit of the department responsible for statewide oversight of child abuse and neglect programs:

AB428,7,19 a. The name of the agency and the name of a contact person at the agency.

AB428,7,20 b. Information about the child, including the age of the child.

AB428,8,2 c. The date of the incident and the suspected cause of the death, serious injury, or egregious abuse or neglect of the child.

AB428,8,4 d. A brief history of the services under this chapter offered or provided to the child, members of the child's family, and the person suspected of the abuse or neglect.

AB428,8,6 e. A statement of whether the child was residing in his or her home or was placed outside the home when the incident occurred.

AB428,8,9 f. The identity of any law enforcement agency that referred the report of the incident and of any law enforcement agency, district attorney, or other officer or agency to which the report of the incident was referred.

AB428,8,21 3. a. Within 2 working days after receiving the information provided under subd. 2., the subunit of the department that received the information shall disclose to the public the fact that the subunit has received the information; whether the department is conducting a review of the incident and, if so, the scope of the review and the identities of any other agencies with which the department is cooperating at that point in conducting the review; whether the child was residing in the home or was placed in an out-of-home placement at the time of the incident; and information about the child, including the age of the child. If the information received is about an incident of egregious abuse or neglect, the subunit of the department shall make the same disclosure to a citizen review panel, as described in par. (a) 15g., and, in a county having a population of 500,000 or more, to the Milwaukee child welfare partnership council.

AB428,9,7 b. Within 90 days after receiving the information provided under subd. 2., the subunit of the department that received the information shall prepare and make available to the public a summary report that contains the information specified in subd. 4. or 5., whichever is applicable. That subunit may also include in the summary report a summary of any changes in policies or practices that have been made to address any issues raised in the review and recommendations for any further changes in policies, practices, rules, or statutes that may be needed to address those issues. If the subunit does not include those changes and recommended changes in the summary report, the subunit shall prepare and make available to the public a report of those changes and recommended changes within 6 months after receiving the information provided under subd. 2.

AB428,9,14 c. Subdivision 3. a. and b. does not preclude the subunit of the department that prepares the summary report from releasing to the public any of the information specified in subd. 4. or 5. before the summary report is made available to the public, adding to or amending a summary report if new information specified in subd. 4. or 5. is received after the summary report is made available to the public, or releasing to the public any information at any time to correct any inaccurate information reported in the news media.

AB428,9,17 4. If the child was residing in his or her home when the incident of death or serious injury or the incident of egregious abuse or neglect occurred, the summary report under subd. 3. shall contain all of the following:

AB428,9,20 a. Information about the child, including the age, gender, and race or ethnicity of the child, a description of the child's family, and, if relevant to the incident, a description of any special needs of the child.

AB428,9,25 b. A statement of whether any services under this chapter were being provided to the child, any member of the child's family, or the person suspected of the abuse or neglect, or whether any of those persons was the subject of a referral to the agency for services, at the time of the incident and, if so, the date of the last contact between the agency providing those services and the person receiving those services.

AB428,10,3 c. A summary of all involvement of the child's parents and of the person suspected of the abuse or neglect in receiving services under this chapter in the 5 years preceding the date of the incident.

AB428,10,6 d. A summary of any actions taken by the agency with respect to the child, any member of the child's family, and the person suspected of the abuse or neglect, including any referrals by the agency of any of those persons for services.

AB428,10,9 e. The date of the incident and the suspected cause of the death, serious injury, or egregious abuse or neglect of the child, as reported by the agency under subd. 2. c.

AB428,10,13 f. The findings on which the agency bases its reasonable suspicion that an incident of death or serious injury or an incident of egregious abuse or neglect has occurred, including any material circumstances leading to the death, serious injury, or egregious abuse or neglect of the child.

AB428,10,15 g. A summary of any services that have been provided to the child and the child's family since the date of the incident.

AB428,10,18 5. If the child was placed in an out-of-home placement at the time of the incident of death or serious injury or incident of egregious abuse or neglect, the summary report under subd. 3. shall contain all of the following:

AB428,10,21 a. Information about the child, including the age, gender, and race or ethnicity of the child and, if relevant to the incident, a description of any special needs of the child.

AB428,10,23 b. A description of the out-of-home placement, including the basis for the decision to place the child in that placement.

AB428,10,24 c. A description of all other persons residing in the out-of-home placement.

AB428,11,6 d. The licensing history of the out-of-home placement, including the type of license held by the operator of the placement, the period for which the placement has been licensed, and a summary of all violations by the licensee of any provisions of licensure under s. 48.70 (1) or rules promulgated by the department under s. 48.67 and of any other actions by the licensee or an employee of the licensee that constitute a substantial failure to protect and promote the health, safety, and welfare of a child.

AB428,11,9 e. The date of the incident and the suspected cause of the death, serious injury, or egregious abuse or neglect of the child, as reported by the agency under subd. 2. c.

AB428,11,13 f. The findings on which the agency bases its reasonable suspicion that an incident of death or serious injury or an incident of egregious abuse or neglect has occurred, including any material circumstances leading to the death, serious injury, or egregious abuse or neglect of the child.

AB428,11,15 6. A summary report or other release or disclosure of information under subd. 3. may not include any of the following:

AB428,11,18 a. Any information that would reveal the identity of the child who is the subject of the summary report, any member of the child's family, any member of the child's household who is a child, or any caregiver of the child.

AB428,11,22 b. Any information that would reveal the identity of the person suspected of the abuse or neglect or any employee of any agency that provided services under this chapter to the child or that participated in the investigation of the incident of death or serious injury or the incident of egregious abuse or neglect.

AB428,11,25 c. Any information that would reveal the identity of a reporter or of any other person who provides information relating to the incident of death or serious injury or the incident of egregious abuse or neglect.

AB428,12,10 d. Any information the disclosure of which would not be in the best interests of the child who is the subject of the summary report, any member of the child's family, any member of the child's household who is a child, or any caregiver of the child, as determined by the subunit of the department that received the information, after consultation with the agency that reported the incident of death or serious injury or the incident of egregious abuse or neglect, the district attorney of the county in which the incident occurred, or the court of that county, and after balancing the interest of the child, family or household member, or caregiver in avoiding the stigma that might result from disclosure against the interest of the public in obtaining that information.

AB428,12,12 e. Any information the disclosure of which is not authorized by state law or rule or federal law or regulation.

AB428,12,17 7. The subunit of the department that prepares a summary report or otherwise releases or discloses information under subd. 3. may not make the summary report available or release or disclose the information to the public if the subunit determines that making the summary report available or releasing or disclosing the information to the public would jeopardize any of the following:

AB428,12,19 a. Any ongoing or future criminal investigation or prosecution or a defendant's right to a fair trial.

AB428,12,21 b. Any ongoing or future civil investigation or proceeding or the fairness of such a proceeding.

AB428,13,7 8. If the department fails to disclose to the public any information that the department is required to disclose under this paragraph, any person may request the department to disclose that information. If the person's request is denied, the person may petition the court to order the disclosure of that information. On receiving a petition under this subdivision, the court shall notify the department, the agency, the district attorney, the child, and the child's parent, guardian, or legal custodian of the petition. If any person notified objects to the disclosure, the court may hold a hearing to take evidence and hear argument relating to the disclosure of the information. The court shall make an in camera inspection of the information sought to be disclosed and shall order disclosure of the information, unless the court finds that any of the circumstances specified in subd. 6. or 7. apply.

AB428,13,15 9. Any person acting in good faith in providing information under subd. 2., in preparing, transmitting, or making available a summary report under subd. 3., or in otherwise releasing or disclosing information under subd. 3. is immune from any liability, civil or criminal, that may result by reason of those actions. For purposes of any proceeding, civil or criminal, the good faith of a person in providing information under subd. 2., in preparing, transmitting, or making available a summary report under subd. 3., or in otherwise releasing or disclosing information under subd. 3. shall be presumed.

AB428, s. 2 Section 2. 48.981 (9) (title) of the statutes is amended to read:

AB428,13,17 48.981 (9) (title) Annual and quarterly reports.

AB428, s. 3 Section 3. 48.981 (9) of the statutes is renumbered 48.981 (9) (a).

AB428, s. 4 Section 4. 48.981 (9) (a) (title) of the statutes is created to read:

AB428,13,20 48.981 (9) (a) (title) Annual reports.

AB428, s. 5 Section 5. 48.981 (9) (b) of the statutes is created to read:

AB428,14,20 48.981 (9) (b) Quarterly reports. Within 30 days after the end of each calendar quarter, the department shall prepare and transmit to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3), a summary report of all reports received by the department under sub. (3) (c) 8. during the previous calendar quarter of abuse, as defined in s. 48.02 (1) (b) to (f), of a child who is placed in the home of a foster parent, treatment foster parent, or relative other than a parent or in a group home, shelter care facility, or residential care center for children and youth by that foster parent, treatment foster parent, or relative, by any other person who resides in the home of the foster parent, treatment foster parent, or relative, by any relative of the foster parent, treatment foster parent, or relative, or by any employee, contractor, or volunteer of the group home, shelter care facility, or residential care center for children and youth. The department shall provide for each report included in the summary report the number of incidents of abuse reported; the dates of those incidents; the county in which those incidents occurred; the age or age group of the child who is the subject of the report; the type of placement in which the child was placed at the time of the incident; whether it was determined under sub. (3) (c) 4. that abuse occurred; and whether the abuse resulted in injury, disease, or pregnancy, but may not provide any of the information specified in sub. (7) (cr) 6. or any information that would jeopardize an investigation, prosecution, or proceeding described in sub. (7) (cr) 7. a. or b. Those committees shall review all summary reports transmitted under this paragraph, conduct public hearings on those summary reports no less often than annually, and submit recommendations to the department regarding those summary reports. The department shall also make those summary reports available to the public.