AB895: Bill Text

AB895,17,11 48.981 (7) (a) 15g. A citizen review panel established or designated by the department or a county department.

AB895, s. 25 Section 25. 48.981 (7) (cm) of the statutes is amended to read:

AB895,17,15 48.981 (7) (cm) An Notwithstanding par. (a), an agency may disclose information from its records for use in proceedings under s. 48.25 (6), 813.122 or 813.125.

AB895, s. 26 Section 26. 48.981 (7) (cr) of the statutes is created to read:

AB895,17,21 48.981 (7) (cr) 1. Notwithstanding par. (a) and subject to subd. 3., an agency may disclose to the public a written summary of the information specified in subd. 2. relating to any child who 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 if any of the following circumstances applies:

AB895,18,2 a. A person has been charged with a crime for causing the death or serious or critical condition of the child as a result of the suspected abuse or neglect, or the district attorney indicates that a person who is deceased would have been charged with a crime for causing the death or serious or critical condition of the child as a result of the suspected abuse or neglect, but for the fact that the person is deceased.

AB895,18,8 b. A judge, district attorney, law enforcement officer, law enforcement agency or any other officer or agency whose official duties include the investigation or prosecution of crime has previously disclosed to the public, in the performance of the official duties of the officer or agency, that the suspected abuse or neglect of the child has been investigated under sub. (3) or that child welfare services have been provided to the child or the child's family under this chapter.

AB895,18,11 c. A parent, guardian or legal custodian of the child or the child, if 14 years of age or over, has previously disclosed or authorized the disclosure of the information specified in subd. 2.

AB895,18,15 2. If an agency is permitted to disclose information under subd. 1. relating to a child who has died or been placed in serious or critical condition as a result of any suspected abuse or neglect that has been reported under this section, the agency may disclose all of the following information from its records:

AB895,18,23 a. A description of any investigation made by the agency in response to the report of the suspected abuse or neglect, a statement of the determination made by the agency under sub. (3) (c) 4. with respect to the report and the basis for that determination, a statement of whether any services were offered or provided to the child, the child's family or the person suspected of the abuse or neglect and a statement of whether any other action was taken by the agency to protect the child who is the subject of the report or any other child residing in the same dwelling as the child who is the subject of the report.

AB895,19,6 b. Whether any previous report of suspected or threatened abuse or neglect of the child has been made to the agency and the date of the report, a statement of the determination made by the agency under sub. (3) (c) 4. with respect to the report and the basis for that determination, a statement of whether any services were offered or provided to the child, the child's family or the person suspected of the abuse or neglect and a statement of whether any other action was taken by the agency to protect the child who is the subject of the report or any other child residing in the same dwelling as the child who is the subject of the report.

AB895,19,10 c. Whether the child or the child's family has received any services under this chapter prior to the report of suspected abuse or neglect that caused the child's death or serious or critical condition or any previous report of suspected or threatened abuse or neglect.

AB895,19,12 3. An agency may not disclose any of the information described in subd. 2. if any of the following applies:

AB895,19,19 a. The agency determines that disclosure of the information would be contrary to the best interests of the child who is the subject of the report, the child's siblings or any other child residing in the same dwelling as the child who is the subject of the report or that disclosure of the information is likely to cause mental, emotional or physical harm or danger to the child who is the subject of the report, the child's siblings, any other child residing in the same dwelling as the child who is the subject of the report or any other person.

AB895,19,22 b. 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.

AB895,19,25 c. The agency determines that disclosure of the information would jeopardize any ongoing or future civil investigation or proceeding or would jeopardize the fairness of such a proceeding.

AB895,20,2 d. Disclosure of the information is not authorized by state law or rule or federal law or regulation.

AB895,20,5 e. The investigation under sub. (3) of the report of the suspected abuse or neglect has not been completed, in which case the agency may only disclose that the report is under investigation.

AB895,20,10 f. Disclosure of the information would reveal the identity of the child who is the subject of the report, the child's siblings, the child's parent, guardian or legal custodian or any other person residing in the same dwelling as the child, and information that would reveal the identity of those persons has not previously been disclosed to the public.

AB895,20,13 g. Disclosure of the information would reveal the identity of a reporter or any other person who provides information relating to the suspected abuse or neglect of the child.

AB895,20,23 4. Any person who requests the information specified in subd. 2. under the circumstances specified in subd. 1. whose request is denied may petition the court to order the disclosure of that information. On receiving a petition under this subdivision, the court shall notify 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 arguments 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. 3. applies.

AB895,21,4 5. Any person acting in good faith in disclosing or refusing to disclose the information specified in subd. 2. under the circumstances specified in subd. 1. is immune from any civil or criminal liability that may result by reason of that disclosure or nondisclosure. For purposes of any civil or criminal proceeding, the good faith of a person in disclosing or refusing to disclose the information specified in subd. 2. under the circumstances specified in subd. 1. shall be presumed.

AB895, s. 27 Section 27. 48.981 (7) (d) of the statutes is amended to read:

AB895,21,7 48.981 (7) (d) The Notwithstanding par. (a), the department may have access to any report or record maintained by an agency under this section.

AB895, s. 28 Section 28. 49.45 (46) (a) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB895,21,21 49.45 (46) (a) If a county, city, town or village elects to become certified as a provider of alcohol and other drug abuse residential treatment services or to contract with a certified provider to provide the services, the county, city, town or village may provide directly or under contract alcohol and other drug abuse residential treatment services in facilities with fewer than 16 17 beds under this subsection in the county, city, town or village to medical assistance recipients through the medical assistance program. A county, city, town or village that elects to provide or to contract for the services shall pay the amount of the allowable charges for the services under the medical assistance program that is not provided by the federal government. The department shall reimburse the county, city, town or village under this subsection only for the amount of the allowable charges for those services under the medical assistance program that is provided by the federal government.

AB895, s. 29 Section 29. 50.033 (2s) (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB895,22,4 50.033 (2s) Required referral. (intro.) Subject to sub. (2t), an adult family home shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has a developmental disability or physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:

AB895, s. 30 Section 30. 50.034 (5n) (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB895,22,12 50.034 (5n) Required referral. (intro.) Subject to sub. (5p), a residential care apartment complex shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has a developmental disability or physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:

AB895, s. 31 Section 31. 50.035 (4n) (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB895,22,20 50.035 (4n) Required referral. (intro.) Subject to sub. (4p), a community-based residential facility shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has a developmental disability or physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:

AB895, s. 32 Section 32. 153.50 (6) (c) 1. of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB895,22,23 153.50 (6) (c) 1. The data elements specified under sub. (3) (b) 1. to 6.

AB895, s. 33 Section 33. 252.15 (7) (c) (intro.) of the statutes is renumbered 252.15 (7) (c) and amended to read:

AB895,23,3 252.15 (7) (c) Except as provided in sub. (7m), a report made under par. (b) may not include any of the following: the identity of persons with whom the test subject may have had sexual contact.

AB895, s. 34 Section 34. 252.15 (7) (c) 1. of the statutes is renumbered 252.15 (7) (b) 5m.

AB895, s. 35 Section 35. 252.15 (7) (c) 2. of the statutes is repealed.

AB895, s. 36 Section 36. 938.78 (4) of the statutes is created to read:

AB895,23,13 938.78 (4) (a) Except as provided in pars. (b) and (c) or by order of the court, no agency may make available for inspection or disclose the contents of any record kept or information received relating to a foster parent, treatment foster parent or family-operated group home, as defined in s. 48.627 (1), parent or a family member of a foster parent, treatment foster parent or family-operated group home parent without first receiving the written permission of the foster parent, treatment foster parent or family-operated group home parent.

AB895,23,25 (bm) Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency, a law enforcement agency, the victim-witness coordinator, a fire investigator under s. 165.55 (15), a public school or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 48.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under ss. 48.396 (1) and 938.396 (1). A public school that obtains information under this paragraph shall keep the information confidential as required under s. 118.125 and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under s. 118.125.

AB895,24,6 (c) Paragraph (a) does not prohibit an agency from disclosing the name and address of a foster parent, treatment foster parent or family-operated group home parent under s. 938.20 (8), 938.33 (5), 938.355 (2) (b) 2., 938.357 (1), (2m) or (4) (a) or (c) 3. or 938.38 (4) (c) or from disclosing to the parent, guardian or legal custodian of a juvenile the location of an alternate placement of the juvenile under s. 938.538 (3) (a) 1p.

AB895, s. 37 Section 37. 1999 Wisconsin Act 9, section 402 is repealed.

AB895, s. 38 Section 38. 1999 Wisconsin Act 9, section 9423 (7) is repealed.

AB895, s. 39 Section 39. 1999 Wisconsin Act 9, section 9423 (8) is repealed.

AB895, s. 40 Section 40. Appropriation changes.

AB895,24,17 (1) Mental health institutes staffing. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (2) (a) of the statutes, as affected by the acts of 1999, the dollar amount is increased by $633,200 for fiscal year 2000-01 to increase the authorized FTE positions for the department by 17.6 GPR positions on July 1, 2000, to provide services and care in the Mendota Mental Health Institute and the Winnebago Mental Health Institute.

AB895,24,23 (2) Care in mental health institutes. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (4) (b) of the statutes, as affected by the acts of 1999, the dollar amount is increased by $242,600 for fiscal year 2000-01 to provide increased care under medical assistance to individuals in the Mendota Mental Health Institute or the Winnebago Mental Health Institute.

AB895,25,4 (3) Mental health institutes staff funding. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (2) (gk) of the statutes, as affected by the acts of 1999, the dollar amount is increased by $1,174,200 for fiscal year 2000-01 to increase funding for increased staff of the Mendota Mental Health Institute and the Winnebago Mental Health Institute.

AB895, s. 41 Section 41. Initial applicability.

AB895,25,8 (1) Jurisdictional barriers to adoption. The treatment of section 48.833 of the statutes first applies to children who are placed for adoption on the effective date of this subsection.

AB895, s. 42 Section 42. Effective dates. This act takes effect on the day after publication, except as follows:

AB895,25,12 (1) Tribal adolescent services. The treatment of sections 46.99 (2) (a) (intro.) and 46.995 (1m) and (4m) (b) (intro.) of the statutes takes effect on January 1, 2001.

AB895,25,15 (2) Funding for relief block grants to tribal governing bodies. The treatment of section 20.435 (4) (bs) of the statutes takes effect retroactively to October 29, 1999.

AB895,25,16 (End)