AB463: Bill Text

AB463,93,24 48.981 (3) (bm) 2. If the county department does not know with which tribe or band the child or expectant mother is affiliated or the child or expectant mother is not affiliated with a Wisconsin tribe or band, the tribal agent serving the reservation or Winnebago service area where the child or expectant mother resides.

AB463, s. 237 Section 237. 48.981 (3) (c) 1. of the statutes is amended to read:

AB463,95,2 48.981 (3) (c) 1. Within 24 hours after receiving a report under par. (a), the county department or licensed child welfare agency under contract with the county department shall, in accordance with the authority granted to the county department under s. 48.57 (1) (a), initiate a diligent investigation to determine if the child or unborn child is in need of protection or services. The investigation shall be conducted in accordance with standards established by the department for conducting child abuse and neglect investigations or unborn child abuse investigations. If the investigation is of a report of abuse or neglect or threatened abuse or neglect by a caregiver specified in sub. (1) (am) 5. to 8. who continues to have access to the child or a caregiver specified in sub. (1) (am) 1. to 4., or of a report that does not disclose who is suspected of the abuse or neglect and in which the investigation does not disclose who abused or neglected the child, the investigation shall also include observation of or an interview with the child, or both, and, if possible, an interview with the child's parents, guardian or legal custodian. If the investigation is of a report of abuse or neglect or threatened abuse or neglect by a caregiver who continues to reside in the same dwelling as the child, the investigation shall also include, if possible, a visit to that dwelling. At the initial visit to the child's dwelling, the person making the investigation shall identify himself or herself and the county department or licensed child welfare agency involved to the child's parents, guardian or legal custodian. The county department or licensed child welfare agency under contract with the county department may contact, observe or interview the child at any location without permission from the child's parent, guardian or legal custodian if necessary to determine if the child is in need of protection or services, except that the person making the investigation may enter a child's dwelling only with permission from the child's parent, guardian or legal custodian or after obtaining a court order to do so.

AB463, s. 238 Section 238. 48.981 (3) (c) 2m. of the statutes is created to read:

AB463,95,9 48.981 (3) (c) 2m. a. If the person making the investigation is an employe of the county department and he or she determines that it is consistent with the best interest of the unborn child in terms of physical safety and physical health to take the expectant mother into custody for the immediate protection of the unborn child, he or she shall take the expectant mother into custody under s. 48.08 (2) or 48.193 (1) (c) and deliver the expectant mother to the intake worker under s. 48.203.

AB463,95,16 b. If the person making the investigation is an employe of a licensed child welfare agency which is under contract with the county department and he or she determines that any unborn child requires immediate protection, he or she shall notify the county department of the circumstances and together with an employe of the county department shall take the expectant mother of the unborn child into custody under s. 48.08 (2) or 48.193 (1) (c) and deliver the expectant mother to the intake worker under s. 48.203.

AB463, s. 239 Section 239. 48.981 (3) (c) 3. of the statutes is amended to read:

AB463,96,2 48.981 (3) (c) 3. If the county department determines that a child, any member of the child's family or the child's guardian or legal custodian is in need of services or that the expectant mother of an unborn child is in need of services, the county department shall offer to provide appropriate services or to make arrangements for the provision of services. If the child's parent, guardian or legal custodian or the expectant mother refuses to accept the services, the county department may request that a petition be filed under s. 48.13 alleging that the child who is the subject of the report or any other child in the home is in need of protection or services or that a petition be filed under s. 48.133 alleging that the unborn child who is the subject of the report is in need of protection or services.

AB463, s. 240 Section 240. 48.981 (3) (c) 5. of the statutes is amended to read:

AB463,96,10 48.981 (3) (c) 5. The county department and licensed child welfare agency under contract with the county department shall maintain a record of its actions in connection with each report it receives. The record shall include a description of the services provided to any child and to the parents, guardian or legal custodian of the child or to any expectant mother of an unborn child. The county department and licensed child welfare agency under contract with the county department shall update the record every 6 months until the case is closed.

AB463, s. 241 Section 241. 48.981 (3) (c) 6. of the statutes is amended to read:

AB463,96,16 48.981 (3) (c) 6. The county department or licensed child welfare agency under contract with the county department shall, within 60 days after it receives a report from a person required under sub. (2) to report, inform the reporter what action, if any, was taken to protect the health and welfare of the child or unborn child who is the subject of the report.

AB463, s. 242 Section 242. 48.981 (3) (c) 6m. of the statutes is amended to read:

AB463,97,12 48.981 (3) (c) 6m. If a person who is not required under sub. (2) to report makes a report and is a relative of the child, other than the child's parent, or is a relative of the expectant mother of the unborn child, that person may make a written request to the county department or licensed child welfare agency under contract with the county department for information regarding what action, if any, was taken to protect the health and welfare of the child or unborn child who is the subject of the report. A county department or licensed child welfare agency that receives a written request under this subdivision shall, within 60 days after it receives the report or 20 days after it receives the written request, whichever is later, inform the reporter in writing of what action, if any, was taken to protect the health and welfare of the child or unborn child, unless a court order prohibits that disclosure, and of the duty to keep the information confidential under sub. (7) (e) and the penalties for failing to do so under sub. (7) (f). The county department or licensed child welfare agency may petition the court ex parte for an order prohibiting that disclosure and, if the county department or licensed child welfare agency does so, the time period within which the information must be disclosed is tolled on the date the petition is filed and remains tolled until the court issues a decision. The court may hold an ex parte hearing in camera and shall issue an order granting the petition if the court determines that disclosure of the information would not be in the best interests of the child or unborn child.

AB463, s. 243 Section 243. 48.981 (3) (c) 7. of the statutes is amended to read:

AB463,97,23 48.981 (3) (c) 7. The county department shall cooperate with law enforcement officials, courts of competent jurisdiction, tribal governments and other human service agencies to prevent, identify and treat child abuse and neglect and unborn child abuse. The county department shall coordinate the development and provision of services to abused and neglected children and, to abused unborn children, to families where in which child abuse or neglect has occurred or, to expectant mothers who have abused their unborn children, to children and families where when circumstances justify a belief that child abuse or neglect will occur and to the expectant mothers of unborn children when circumstances justify a belief that unborn child abuse will occur.

AB463, s. 244 Section 244. 48.981 (3) (c) 8. of the statutes is amended to read:

AB463,98,10 48.981 (3) (c) 8. Using the format prescribed by the department, each county department shall provide the department with information about each report that it receives or that is received by a licensed child welfare agency that is under contract with the county department and about each investigation it or a licensed child welfare agency under contract with the county department conducts. This information shall be used by the department to monitor services provided by county departments or licensed child welfare agencies under contract with county departments. The department shall use nonidentifying information to maintain statewide statistics on child abuse and neglect and on unborn child abuse, and for planning and policy development purposes.

AB463, s. 245 Section 245. 48.981 (3) (d) 1. of the statutes is amended to read:

AB463,98,17 48.981 (3) (d) 1. In this paragraph, "agent" includes, but is not limited to, a foster parent, treatment foster parent or other person given custody of a child or a human services professional employed by a county department under s. 51.42 or 51.437 who is working with the a child or expectant mother of an unborn child under contract with or under the supervision of the county department under s. 46.215 or 46.22.

AB463, s. 246 Section 246. 48.981 (3) (d) 2. of the statutes is amended to read:

AB463,99,12 48.981 (3) (d) 2. If an agent or employe of a county department or licensed child welfare agency under contract with the county department required to investigate under this subsection is the subject of a report, or if the county department or licensed child welfare agency under contract with the county department determines that, because of the relationship between the county department or licensed child welfare agency under contract with the county department and the subject of a report, there is a substantial probability that the county department or licensed child welfare agency under contract with the county department would not conduct an unbiased investigation, the county department or licensed child welfare agency under contract with the county department shall, after taking any action necessary to protect the child or unborn child, notify the department. Upon receipt of the notice, the department or a county department or child welfare agency designated by the department shall conduct an independent investigation. If the department designates a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, that county department shall conduct the independent investigation. If a licensed child welfare agency agrees to conduct the independent investigation, the department may designate that agency to do so. The powers and duties of the department or designated county department or child welfare agency making an independent investigation are those given to county departments under par. (c).

AB463, s. 247 Section 247. 48.981 (4) of the statutes is amended to read:

AB463,99,21 48.981 (4) Immunity from liability. Any person or institution participating in good faith in the making of a report, conducting an investigation, ordering or taking of photographs or ordering or performing medical examinations of a child or of an expectant mother under this section shall have immunity from any liability, civil or criminal, that results by reason of the action. For the purpose of any proceeding, civil or criminal, the good faith of any person reporting under this section shall be presumed. The immunity provided under this subsection does not apply to liability for abusing or neglecting a child or for abusing an unborn child.

AB463, s. 248 Section 248. 48.981 (7) (a) 1m. of the statutes is amended to read:

AB463,99,25 48.981 (7) (a) 1m. A reporter described in sub. (3) (c) 6m. who makes a written request to the county department or licensed child welfare agency under contract with the county department for information regarding what action, if any, was taken to protect the health and welfare of the child or unborn child who is the subject of the report, unless a court order under sub. (3) (c) 6m. prohibits disclosure of that information to that reporter, except that the only information that may be disclosed is information in the record regarding what action, if any, was taken to protect the health and welfare of the child or unborn child who is the subject of the report.

AB463, s. 249 Section 249. 48.981 (7) (a) 3m. of the statutes is amended to read:

AB463,100,9 48.981 (7) (a) 3m. A child's parent, guardian or legal custodian or the expectant mother of an unborn child, except that the person or agency maintaining the record or report may not disclose any information that would identify the reporter.

AB463, s. 250 Section 250. 48.981 (7) (a) 4. of the statutes is amended to read:

AB463,100,15 48.981 (7) (a) 4. A child's foster parent, treatment foster parent or other person having physical custody of the child or a person having physical custody of the expectant mother of an unborn child, except that the person or agency maintaining the record or report may not disclose any information that would identify the reporter.

AB463, s. 251 Section 251. 48.981 (7) (a) 5. of the statutes is amended to read:

AB463,100,20 48.981 (7) (a) 5. A professional employe of a county department under s. 51.42 or 51.437 who is working with the child or the expectant mother of the unborn child under contract with or under the supervision of the county department under s. 46.215 or 46.22.

AB463, s. 252 Section 252. 48.981 (7) (a) 6. of the statutes is amended to read:

AB463,100,23 48.981 (7) (a) 6. A multidisciplinary child abuse and neglect or unborn child abuse team recognized by the county department.

AB463, s. 253 Section 253. 48.981 (7) (a) 6m. of the statutes is amended to read:

AB463,101,4 48.981 (7) (a) 6m. A person employed by a child or unborn child advocacy center recognized by the county board or the county department, to the extent necessary to perform the services for which the center is recognized by the county board or the county department.

AB463, s. 254 Section 254. 48.981 (7) (a) 10. of the statutes is amended to read:

AB463,101,10 48.981 (7) (a) 10. A court conducting proceedings under s. 48.21 or 48.213, a court conducting proceedings related to a petition under s. 48.13, 48.133 or 48.42 or a court conducting dispositional proceedings under subch. VI or VIII in which abuse or neglect of the child who is the subject of the report or record or abuse of the unborn child who is the subject of the report or record is an issue.

AB463, s. 255 Section 255. 48.981 (7) (a) 10m. of the statutes is amended to read:

AB463,101,17 48.981 (7) (a) 10m. A tribal court, or other adjudicative body authorized by a tribe or band to perform child welfare functions, that exercises jurisdiction over children and unborn children alleged to be in need of protection or services for use in proceedings in which abuse or neglect of the child who is the subject of the report or record or abuse of the unborn child who is the subject of the report or record is an issue.

AB463, s. 256 Section 256. 48.981 (7) (a) 11. of the statutes is amended to read:

AB463,101,23 48.981 (7) (a) 11. The county corporation counsel or district attorney representing the interests of the public and in proceedings under subd. 10., 10g. or 10j., the counsel or guardian ad litem representing the interests of a child in proceedings under subd. 10., 10g. or 10j. and the guardian ad litem representing the interests of an unborn child in proceedings under subd. 10.

AB463, s. 257 Section 257. 48.981 (7) (a) 11m. of the statutes is amended to read:

AB463,102,4 48.981 (7) (a) 11m. An attorney representing the interests of an Indian tribe or band or in proceedings under subd. 10m. or 10r., of an Indian child in proceedings under subd. 10m. or 10r. or of an Indian unborn child in proceedings under subd. 10m.

AB463, s. 258 Section 258. 48.981 (7) (a) 11r. of the statutes is amended to read:

AB463,102,11 48.981 (7) (a) 11r. A volunteer appointed or person employed by a court-appointed special advocate program recognized by the county board or the county department, to the extent necessary to perform the advocacy services in proceedings related to a petition under s. 48.13 or 48.133 for which the court-appointed special advocate program is recognized by the county board or county department.

AB463, s. 259 Section 259. 48.981 (7) (a) 17. of the statutes is amended to read:

AB463,102,16 48.981 (7) (a) 17. A federal agency, state agency of this state or any other state or local governmental unit located in this state or any other state that has a need for a report or record in order to carry out its responsibility to protect children from abuse or neglect or to protect unborn children from abuse.

AB463, s. 260 Section 260. 48.981 (8) (a) of the statutes is amended to read:

AB463,103,2 48.981 (8) (a) The department and county departments to the extent feasible shall conduct continuing education and training programs for staff of the department, county departments and tribal social services departments, persons and officials required to report, the general public and others as appropriate. The programs shall be designed to encourage reporting of child abuse and neglect and of unborn child abuse, to encourage self-reporting and voluntary acceptance of services and to improve communication, cooperation and coordination in the identification, prevention and treatment of child abuse and neglect and of unborn child abuse. The department and county departments shall develop public information programs about child abuse and neglect and about unborn child abuse.

AB463, s. 261 Section 261. 48.981 (8) (b) of the statutes is amended to read:

AB463,103,10 48.981 (8) (b) The department shall to the extent feasible ensure that there are available in the state administrative procedures, personnel trained in child abuse and neglect and in unborn child abuse, multidisciplinary programs and operational procedures and capabilities to deal effectively with child abuse and neglect cases and with unborn child abuse cases. These procedures and capabilities may include, but are not limited to, receipt, investigation and verification of reports; determination of treatment or ameliorative social services; or referral to the appropriate court.

AB463, s. 262 Section 262. 48.981 (8) (c) of the statutes is amended to read:

AB463,103,16 48.981 (8) (c) In meeting its responsibilities under par. (a) or (b), the department or a county department may contract with any public or private organization which meets the standards set by the department. In entering into the contracts the department or county department shall give priority to parental organizations combating child abuse and neglect or unborn child abuse.

AB463, s. 263 Section 263. 48.981 (8) (d) 1. of the statutes is amended to read:

AB463,103,24 48.981 (8) (d) 1. Each county department or licensed child welfare agency under contract with a county department staff member and supervisor whose responsibilities include investigation or treatment of child abuse and neglect or of unborn child abuse shall successfully complete training in child abuse and neglect protective services, or in unborn child abuse protective services, approved by the department. The department shall monitor compliance with this subdivision according to rules promulgated by the department.

AB463, s. 264 Section 264. 48.981 (9) of the statutes is amended to read:

AB463,104,9 48.981 (9) Annual reports. Annually, the department shall prepare and transmit to the governor, and to the legislature under s. 13.172 (2), a report on the status of child abuse and neglect programs and on the status of unborn child abuse programs. The report shall include a full statistical analysis of the child abuse and neglect reports, and the unborn child abuse reports, made through the last calendar year, an evaluation of services offered under this section and their effectiveness, and recommendations for additional legislative and other action to fulfill the purpose of this section. The department shall provide statistical breakdowns by county, if requested by a county.

AB463, s. 265 Section 265. 48.982 (1) (d) of the statutes is amended to read:

AB463,104,14 48.982 (1) (d) "Organization" means a nonprofit organization, as defined under s. 108.02 (19), or a public agency which provides or proposes to provide child abuse and neglect prevention and intervention services or, unborn child abuse prevention and intervention services, parent education or expectant mother education.

AB463, s. 266 Section 266. 48.982 (2) (a) of the statutes is amended to read:

AB463,104,24 48.982 (2) (a) Biennially, develop and transmit to the governor and the presiding officer of each house of the legislature a plan for awarding grants to organizations. The plan shall assure that there is an equal opportunity for establishment of child abuse and neglect prevention programs, unborn child abuse prevention programs, early childhood family education centers and right from the start projects. The plan shall also ensure that the grants will be distributed throughout all geographic areas of the state and in both urban and rural communities. For grants provided under sub. (6), the plan shall also ensure that the grants are distributed based on population.

AB463, s. 267 Section 267. 48.982 (2) (g) 1. of the statutes is amended to read:

AB463,105,6 48.982 (2) (g) 1. Recommend to the governor, the legislature and state agencies changes needed in state programs, statutes, policies, budgets and rules to reduce the problems of child abuse and neglect and of unborn child abuse, improve coordination among state agencies that provide prevention services and improve the condition of children, unborn children and persons responsible for children or unborn children who are in need of prevention program services.

AB463, s. 268 Section 268. 48.982 (2) (g) 2. of the statutes is amended to read:

AB463,105,10 48.982 (2) (g) 2. Promote statewide educational and public informational seminars for the purpose of developing public awareness of the problems of child abuse and neglect and unborn child abuse.

AB463, s. 269 Section 269. 48.982 (2) (g) 3. of the statutes is amended to read:

AB463,105,13 48.982 (2) (g) 3. Encourage professional persons and groups to recognize and deal with problems of child abuse and neglect and unborn child abuse.

AB463, s. 270 Section 270. 48.982 (2) (g) 4. of the statutes is amended to read:

AB463,105,17 48.982 (2) (g) 4. Disseminate information about the problems of child abuse and neglect and unborn child abuse to the public and to organizations concerned with those problems.

AB463, s. 271 Section 271. 48.982 (2) (g) 5. of the statutes is amended to read:

AB463,105,21 48.982 (2) (g) 5. Encourage the development of community child abuse and neglect prevention programs and community unborn child abuse prevention programs.

AB463, s. 272 Section 272. 48.982 (2) (gm) of the statutes is amended to read:

AB463,106,2 48.982 (2) (gm) Provide, for use by the board in its statewide projects under sub. (5) and for use by organizations that receive grants under subs. (4), (6) and (7), educational and public informational materials and programming that emphasize the role of fathers in the primary prevention of child abuse and neglect and in the primary prevention of unborn child abuse.

AB463, s. 273 Section 273. 48.982 (4) (d) (intro.) of the statutes is amended to read:

AB463,106,6 48.982 (4) (d) (intro.) The board shall award grants to organizations for programs for the primary prevention of child abuse and neglect and for the primary prevention of unborn child abuse, including, but not limited to:

AB463, s. 274 Section 274. 48.982 (4) (d) 1. of the statutes is amended to read:

AB463,106,10 48.982 (4) (d) 1. Programs to promote public awareness of the need for the prevention of child abuse and neglect and of the need for the prevention of unborn child abuse.

AB463, s. 275 Section 275. 48.982 (4) (d) 3. of the statutes is amended to read:

AB463,106,15 48.982 (4) (d) 3. Community-based programs relating to crisis care, early identification of children at risk of child abuse or neglect and of unborn children at risk of abuse, and education, training and support groups for parents, expectant mothers, children and families.

AB463, s. 276 Section 276. 48.982 (4) (e) of the statutes is amended to read:

AB463,106,21 48.982 (4) (e) In determining which organizations shall receive grants, the board shall consider whether the applicant's proposal will further the coordination of child abuse and neglect services and unborn child abuse services between the organization and other resources, public and private, in the community and the state.

AB463, s. 277 Section 277. 48.985 (1) of the statutes is amended to read:

AB463,107,5 48.985 (1) Federal program operations. From the appropriation under s. 20.435 (3) (n), the department shall expend not more than $543,700 in fiscal year 1995-96 and not more than $543,700 in fiscal year 1996-97 of the moneys received under 42 USC 620 to 626 for the department's expenses in connection with administering the expenditure of funds received under 42 USC 620 to 626, for child welfare projects and services provided or purchased by the department, for child abuse and neglect and unborn child abuse independent investigations and for providing child-at-risk and unborn child-at-risk field training to counties.

AB463, s. 278 Section 278. 48.985 (2) (a) of the statutes is renumbered 48.985 (2) and amended to read:

AB463,107,13 48.985 (2) From the appropriation under s. 20.435 (7) (o), the department shall distribute not more than $3,919,800 in each fiscal year of the moneys received under 42 USC 620 to 626 to county departments under ss. 46.215, 46.22 and 46.23 for the provision or purchase of child welfare projects and services, for services to children and families, for services to the expectant mothers of unborn children and for family-based child welfare services.

AB463, s. 279 Section 279. 146.82 (2) (a) 11. of the statutes is amended to read:

AB463,107,25 146.82 (2) (a) 11. To a county department, as defined under s. 48.02 (2g), a sheriff or police department or a district attorney for purposes of investigation of threatened or suspected child abuse or neglect or suspected unborn child abuse or for purposes of prosecution of alleged child abuse or neglect or alleged unborn child abuse, if the person conducting the investigation or prosecution identifies the subject of the record by name. The health care provider may release information by initiating contact with a county department, sheriff or police department or district attorney without receiving a request for release of the information. A person to whom a report or record is disclosed under this subdivision may not further disclose it, except to the persons, for the purposes and under the conditions specified in s. 48.981 (7).

AB463, s. 280 Section 280. 301.01 (2) (cm) of the statutes is created to read: