48.981(3)(c)2m.a.a. If the person making the investigation is an employe of the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the 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),
48.19 (1) (cm) or
48.193 (1) (c) and deliver the expectant mother to the intake worker under
s. 48.20 or
48.203.
48.981(3)(c)2m.b.
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),
48.19 (1) (cm) or
48.193 (1) (c) and deliver the expectant mother to the intake worker under
s. 48.20 or
48.203.
48.981(3)(c)3.
3. If the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the 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, department or licensed child welfare agency 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, department or licensed child welfare agency 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.
48.981(3)(c)4.
4. The county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department shall determine, within 60 days after receipt of a report, whether abuse or neglect has occurred or is likely to occur. The determination shall be based on a preponderance of the evidence produced by the investigation. A determination that abuse or neglect has occurred may not be based solely on the fact that the child's parent, guardian or legal custodian in good faith selects and relies on prayer or other religious means for treatment of disease or for remedial care of the child. In making a determination that emotional damage has occurred, the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department shall give due regard to the culture of the subjects. This subdivision does not prohibit a court from ordering medical services for the child if the child's health requires it.
48.981(3)(c)5.
5. The agency 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 agency shall update the record every 6 months until the case is closed.
48.981(3)(c)6.
6. The agency 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.
48.981(3)(c)6m.
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 agency 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. An 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 agency may petition the court ex parte for an order prohibiting that disclosure and, if the 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.
48.981(3)(c)7.
7. The county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department shall cooperate with law enforcement officials, courts of competent jurisdiction, tribal governments and other human services agencies to prevent, identify and treat child abuse and neglect and unborn child abuse. The county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department shall coordinate the development and provision of services to abused and neglected children, to abused unborn children to families in which child abuse or neglect has occurred, to expectant mothers who have abused their unborn children, to children and families when circumstances justify a belief that abuse or neglect will occur and to the expectant mothers of unborn children when circumstances justify a belief that unborn child abuse will occur.
48.981(3)(c)8.
8. Using the format prescribed by the department, each county department shall provide the department with information about each report that the county department receives or that is received by a licensed child welfare agency that is under contract with the county department and about each investigation that the county department or a licensed child welfare agency under contract with the county department conducts. Using the format prescribed by the department, a licensed child welfare agency under contract with the department shall provide the department with information about each report that the child welfare agency receives and about each investigation that the child welfare agency 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 or the department. 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.
48.981(3)(cm)
(cm)
Contract with licensed child welfare agencies. A county department may contract with a licensed child welfare agency to fulfill the county department's duties specified under
par. (c) 1.,
2. b.,
5.,
6.,
6m. and
8. The department may contract with a licensed child welfare agency to fulfill the department's duties specified under
par. (c) 1.,
2. a.,
3.,
4.,
5.,
6.,
6m.,
7.,
8. and
9. in a county having a population of 500,000 or more. The confidentiality provisions specified in
sub. (7) shall apply to any licensed child welfare agency with which a county department or the department contracts.
48.981(3)(d)1.1. 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 or by a child welfare agency who is working with a child or an expectant mother of an unborn child under contract with or under the supervision of the department in a county having a population of 500,000 or more or a county department under
s. 46.22.
48.981(3)(d)2.
2. If an agent or employe of an agency required to investigate under this subsection is the subject of a report, or if the agency determines that, because of the relationship between the agency and the subject of a report, there is a substantial probability that the agency would not conduct an unbiased investigation, the agency shall, after taking any action necessary to protect the child or unborn child, notify the department. Upon receipt of the notice, the department, in a county having a population of less than 500,000 or a county department or child welfare agency designated by the department in any county shall conduct an independent investigation. If the department designates a county department under
s. 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 the child welfare 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).
48.981(4)
(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.
48.981(5)
(5) Coroner's report. Any person or official required to report cases of suspected child abuse or neglect who has reasonable cause to suspect that a child died as a result of child abuse or neglect shall report the fact to the appropriate medical examiner or coroner. The medical examiner or coroner shall accept the report for investigation and shall report the findings to the appropriate district attorney; to the department or, in a county having a population of 500,000 or more, to a licensed child welfare agency under contract with the department; to the county department and, if the institution making the report initially is a hospital, to the hospital.
48.981(6)
(6) Penalty. Whoever intentionally violates this section by failure to report as required may be fined not more than $1,000 or imprisoned not more than 6 months or both.
48.981(7)(a)(a) All reports made under this section, notices provided under
sub. (3) (bm) and records maintained by an agency and other persons, officials and institutions shall be confidential. Reports and records may be disclosed only to the following persons:
48.981(7)(a)1.
1. The subject of a report, except that the person or agency maintaining the record or report may not disclose any information that would identify the reporter.
48.981(7)(a)1m.
1m. A reporter described in
sub. (3) (c) 6m. who makes a written request to an agency 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.
48.981(7)(a)2.
2. Appropriate staff of an agency or a tribal social services department.
48.981(7)(a)3.
3. An attending physician for purposes of diagnosis and treatment.
48.981(7)(a)3m.
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.
48.981(7)(a)4.
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.
48.981(7)(a)5.
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. 46.22 or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department.
48.981(7)(a)6.
6. A multidisciplinary child abuse and neglect or unborn child abuse team recognized by the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department.
48.981(7)(a)6m.
6m. A person employed by a child advocacy center recognized by the county board, the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department, to the extent necessary to perform the services for which the center is recognized by the county board, the county department, the department or the licensed child welfare agency.
48.981(7)(a)8.
8. A law enforcement officer or law enforcement agency or a district attorney for purposes of investigation or prosecution.
48.981(7)(a)9.
9. A court or administrative agency for use in a proceeding relating to the licensing or regulation of a facility regulated under this chapter.
48.981(7)(a)10.
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.
48.981(7)(a)10g.
10g. A court conducting proceedings under
s. 48.21, a court conducting proceedings related to a petition under
s. 48.13 (3m) or
(10m) or a court conducting dispositional proceedings under
subch. VI in which an issue is the substantial risk of abuse or neglect of a child who, during the time period covered by the report or record, was in the home of the child who is the subject of the report or record.
48.981(7)(a)10j.
10j. A court conducting proceedings under
s. 938.21, a court conducting proceedings relating to a petition under
ch. 938 or a court conducting dispositional proceedings under
subch. VI of ch. 938 in which abuse or neglect of the child who is the subject of the report or record is an issue.
48.981(7)(a)10m.
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.
48.981(7)(a)10r.
10r. A tribal court, or other adjudicative body authorized by a tribe or band to perform child welfare functions, that exercises jurisdiction over children alleged to be in need of protection or services for use in proceedings in which an issue is the substantial risk of abuse or neglect of a child who, during the time period covered by the report or record, was in the home of the child who is the subject of the report or record.
48.981(7)(a)11.
11. The county corporation counsel or district attorney representing the interests of the public, the agency legal counsel and 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.
48.981(7)(a)11m.
11m. An attorney representing the interests of an Indian tribe or band 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.
48.981(7)(a)11r.
11r. A volunteer appointed or person employed by a court-appointed special advocate program recognized by the county board or the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the 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, county department or department.
48.981(7)(a)12.
12. A person engaged in bona fide research, with the permission of the department. Information identifying subjects and reporters may not be disclosed to the researcher.
48.981(7)(a)14.
14. A grand jury if it determines that access to specified records is necessary for the conduct of its official business.
48.981(7)(a)15.
15. A child fatality review team recognized by the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department.
48.981(7)(a)15m.
15m. A coroner, medical examiner or pathologist or other physician investigating the cause of death of a child whose death is unexplained or unusual or is associated with unexplained or suspicious circumstances.
48.981(7)(a)17.
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.
48.981(7)(am)
(am) Notwithstanding
par. (a) (intro.), a tribal agent who receives notice under
sub. (3) (bm) may disclose the notice to a tribal social services department.
48.981(7)(b)
(b) Notwithstanding
par. (a), either parent of a child may authorize the disclosure of a record for use in a child custody proceeding under
s. 767.24 or
767.325 when the child has been the subject of a report. Any information that would identify a reporter shall be deleted before disclosure of a record under this paragraph.
48.981(7)(c)
(c) Notwithstanding
par. (a), the subject of a report may authorize the disclosure of a record to the subject's attorney. The authorization shall be in writing. Any information that would identify a reporter shall be deleted before disclosure of a record under this paragraph.
48.981(7)(d)
(d) The department may have access to any report or record maintained by an agency under this section.
48.981(7)(e)
(e) A person to whom a report or record is disclosed under this subsection may not further disclose it, except to the persons and for the purposes specified in this section.
48.981(7)(f)
(f) Any person who violates this subsection, or who permits or encourages the unauthorized dissemination or use of information contained in reports and records made under this section, may be fined not more than $1,000 or imprisoned not more than 6 months or both.
48.981(8)
(8) Education, training and program development and coordination. 48.981(8)(a)(a) The department, the county departments and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more to the extent feasible shall conduct continuing education and training programs for staff of the department, the county departments, a licensed child welfare agency under contract with the department or a county department, and the 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. Programs provided for staff of the department, county departments and licensed child welfare agencies under contract with county departments or, in a county having a population of 500,000 or more, the department whose responsibilities include the investigation or treatment of child abuse or neglect shall also be designed to provide information on means of recognizing and appropriately responding to domestic abuse, as defined in
s. 46.95 (1) (a). The department, the county departments and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more shall develop public information programs about child abuse and neglect and about unborn child abuse.
48.981 Note
NOTE: Par. (a) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
48.981(8)(b)
(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.
48.981(8)(c)
(c) In meeting its responsibilities under
par. (a) or
(b), the department, a county department or a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more may contract with any public or private organization which meets the standards set by the department. In entering into the contracts the department, county department or licensed child welfare agency shall give priority to parental organizations combating child abuse and neglect or unborn child abuse.
48.981(8)(d)1.1. Each agency 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 and in unborn child abuse protective services approved by the department. The training shall include information on means of recognizing and appropriately responding to domestic abuse, as defined in
s. 46.95 (1) (a). The department shall monitor compliance with this subdivision according to rules promulgated by the department.
48.981 Note
NOTE: Subd. 1. is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
48.981(8)(d)2.
2. Each year the department shall make available training programs that permit intake workers and agency staff members and supervisors to satisfy the requirements under
subd. 1. and
s. 48.06 (1) (am) 3. and
(2) (c).
48.981(9)
(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.
48.981(10)
(10) Current list of tribal agents. The department shall annually provide to each agency described in
sub. (3) (bm) (intro.) a current list of all tribal agents in the state.
48.981 History
History: Sup. Ct. Order, 59 W (2d) R1, R3 (1973);
1977 c. 355;
1977 c. 447 s.
210;
1979 c. 300;
1983 a. 172,
190,
299,
538;
1985 a. 29 ss.
917 to
930m,
3200 (56);
1985 a. 176,
234;
1987 a. 27,
186,
209;
1987 a. 332 s.
64;
1987 a. 334,
355,
399,
403;
1989 a. 31,
41,
102,
316,
359;
1991 a. 160,
263;
1993 a. 16,
105,
218,
227,
230,
246,
272,
318,
395,
443,
446,
491;
1995 a. 275,
289,
369,
456;
1997 a. 27,
114,
292,
293; s. 13.93 (2) (c).
48.981 Annotation
See note to Art. I, sec. 11, citing State v. Boggess, 115 W (2d) 443, 340 NW (2d) 516 (1983).
48.981 Annotation
Section 48.981, 1983 stats., is not unconstitutionally vague. State v. Hurd, 135 W (2d) 266, 400 NW (2d) 42 (Ct. App. 1986).
48.981 Annotation
Immunity under sub. (4) extends to reporters who report the necessary information to another who they expect to and who does report to proper authorities. Investigating the allegation prior to reporting does not run afoul of the immediate reporting requirement of sub. (3) and does not affect immunity. Allegations of negligence by reporters are not sufficient to challenge the good faith requirement of sub. (4). Phillips v. Behnke, 192 W (2d) 552, 531 NW (2d) 619 (Ct. App. 1995).
48.981 Annotation
To overcome the presumption of good faith under sub. (4), more than a violation of sub. (3) is required. It must also be shown that the violation was "conscious" or "intentional". Drake v. Huber, 218 W (2d) 672, 582 NW (2d) 74 (Ct. App. 1998).
48.981 Annotation
The duty to report suspected cases of child abuse or neglect under s. 48.981 (3) (a) prevails over any inconsistent terms in s. 51.30. 68 Atty. Gen. 342.
48.981 Annotation
Consensual sexual conduct involving a 16 and 17 year old does not constitute child abuse.
72 Atty. Gen. 93.
48.981 Annotation
Medical or mental health professionals may report suspected child abuse under the permissive provisions of sub. (2) when the abuser, rather than victim, is seen in the course of professional duties. 51.30 doesn't bar such reports made in good faith.
76 Atty. Gen. 39.
48.981 AnnotationContracting out for services under this section discussed.
76 Atty. Gen. 286.
48.981 AnnotationDisclosure under sub. (7) (a) 1. and (c) is mandatory.
77 Atty. Gen. 84.
48.981 Annotation
Discussion of responsibility of county departments of social services to investigate allegations of child abuse and neglect. Department staff members may interview child on public school property, and may exclude school personnel from interview. School personnel cannot condition on-site interviews on notification of child's parents.
79 Atty. Gen. 48.
48.981 Annotation
Members of a social services board in a county with a county executive or a county administrator may be granted access to child abuse and neglect files under s. 48.981 if access is necessary for the performance of their statutory duties.
79 Atty. Gen. 212.
48.981 Annotation
A district attorney or corporation counsel may reveal the contents of a report made under s. 48.981 in the course of a criminal prosecution or one of the civil proceedings enumerated under sub. (7) (a) 10.
81 Atty. Gen. 66.
48.981 Annotation
County departments have authority to transport a child to a county-recognized child advocacy center for the purpose of an investigatory interview without consent of the primary caretaker if to do so is necessary to an investigation of alleged child maltreatment.
OAG 3-98.
48.981 Annotation
The confrontation clause does not require a defendant's access to confidential child abuse reports; due process requires that the court undertake an in camera inspection of the file to determine whether it contains material exculpatory evidence. Pennsylvania v. Ritchie, 480 US 39 (1987).
48.981 Annotation
This section does not authorize a private cause of action for failure to report. Isley v. Capucian Province, 880 F Supp. 1138 (1995).
48.982
48.982
Child abuse and neglect prevention board. 48.982(1)(bm)
(bm) "Cultural competency" means the ability of an individual or organization to understand and act respectfully toward, in a cultural context, the beliefs, interpersonal styles, attitudes and behaviors of persons and families of various cultures, including persons and families of various cultures who participate in services from the individual or organization and persons of various cultures who provide services for the individual or organization.
48.982(1)(d)
(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 parent education.
48.982(2)
(2) Powers and duties. The board shall:
48.982(2)(a)
(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, 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.
