46.90(6)(a)(a) The county agency or other investigating agency shall prepare a report on each investigation it conducts unless the agency finds, at the conclusion of the investigation, that the report of alleged abuse, material abuse, neglect or self-neglect is without foundation. If an agency other than the county agency conducts the investigation, it shall submit a copy of the investigation report to the county agency.
46.90(6)(b)
(b) Reports of suspected abuse, material abuse, neglect or self-neglect and investigation reports under this section are confidential and may not be released by the county agency or other investigating agency, except under the following circumstances they may be released:
46.90(6)(b)1.
1. To the elder person and any person named in a report who is suspected of abusing or neglecting an elder person. These persons may inspect the report on the investigation, except that information identifying the person who initially reported the suspected abuse, material abuse, neglect or self-neglect may not be released.
46.90(6)(b)2.
2. To the protective services agency notified under
sub. (5) (f). Information obtained under this subdivision shall remain confidential.
46.90(6)(b)3.
3. To an individual, organization or agency designated by the department or as required by law for the purposes of management audits or program monitoring and evaluation. Information obtained under this subdivision shall remain confidential and shall not be used in any way that discloses the names or other identifying information about the individuals involved.
46.90(6)(b)4.
4. For purposes of research if the research project has been approved by the department or the county agency and the researcher has provided assurances that the information will be used only for the purposes for which it was provided to the researcher, the information will not be released to a person not connected with the study under consideration, and the final product of the research will not reveal information that may serve to identify the individuals involved. Such information shall remain confidential. In approving research projects under this subdivision, the department shall impose any additional safeguards needed to prevent unwarranted disclosure of information.
46.90(6)(b)6.
6. To any agency or individual that provides direct services under
sub. (5m). Information obtained under this subdivision shall remain confidential.
46.90(6)(b)7.
7. To the guardian of the elder person or the guardian of any person named in a report who is suspected of abusing or neglecting an elder person. These persons may inspect the report on the investigation, except that information identifying the person who initially reported the suspected abuse, material abuse, neglect or self-neglect may not be released.
46.90(6)(b)8.
8. To law enforcement officials in accordance with the policy developed under
sub. (3) (a).
46.90(6)(c)1.1. Any person, including the state or any political subdivision of the state, violating this subsection shall be liable to any person damaged as a result of the violation for such damages as may be proved, together with exemplary damages of not less than $100 nor more than $500 for each violation and such costs and reasonable actual attorney fees as may be incurred by the person damaged. A custodian of records incurs no liability under this subdivision for the release of records in accordance with this subsection while acting in good faith.
46.90(6)(c)2.
2. In any action brought under
subd. 1. in which the court determines that the violator acted in a manner that was knowing and willful, the violator shall be liable for such damages as may be proved together with exemplary damages of not less than $500 nor more than $1,000 for each violation, together with costs and reasonable actual attorney fees as may be incurred. It is not a prerequisite to an action under this paragraph that the plaintiff suffer or be threatened with actual damages.
46.90(6)(c)3.
3. An individual may bring an action to enjoin any violation of this subsection or to compel compliance with this subsection, and may in the same action seek damages as provided in this paragraph. The individual may recover costs and reasonable actual attorney fees as may be incurred in the action, if he or she prevails.
46.90(6)(d)
(d) Any person who requests or obtains confidential information under this subsection under false pretenses may be fined not more than $500 or imprisoned not more than one year in the county jail or both.
46.90(6)(e)
(e) Any employee who violates this subsection may be subject to discharge or suspension without pay.
46.90(7)
(7) Exception. Nothing in this section shall be construed to mean that a person is abused, neglected or in need of direct or protective services solely because he or she consistently relies upon treatment by spiritual means through prayer for healing in accordance with his or her religious tradition.
46.90(8)(a)(a) The department shall develop a plan to assist county agencies in determining appropriate responses to reports of abuse, material abuse, neglect or self-neglect.
46.90(8)(b)
(b) The department shall prepare and distribute sample report forms for use by county agencies.
46.90(8)(c)
(c) The department shall collect statistical information from each county pertaining to each reported case of abuse, material abuse, neglect or self-neglect. The department may require investigators to submit statements to the department that summarize the information being reported. These summary statements may not name or otherwise identify individual persons. The department shall use this information to review the effectiveness of this section, to plan program changes and to formulate reports.
46.90(8)(d)
(d) The department shall develop and disseminate information on elder abuse and the elder abuse reporting system under this section. The department shall also develop informational materials to be used by county agencies regarding elder abuse and the elder abuse reporting system. The department shall solicit contributions of labor, materials and expertise from private sources to assist in developing the informational materials.
46.90 Annotation
Abuse and Neglect in Long-term Care Facilities: The Civil Justice System's Response. Studinski. Wis. Law. Aug. 2004.
46.90 Annotation
Preventing Abuse and Neglect in Health Care Settings: The Regulatory Agency's Responsibility. Dawson. Wis. Law. Aug. 2004.
46.90 Annotation
Seeking Justice in Death's Waiting Room: Barriers to Effectively Prosecuting Crime in Long-term Care Facilities. Hanrahan. Wis. Law. Aug. 2004.
46.95
46.95
Domestic abuse grants. 46.95(1)
(1)
Definitions. In this section:
46.95(1)(a)
(a) "Domestic abuse" means physical abuse, including a violation of
s. 940.225 (1),
(2) or
(3), or any threat of physical abuse between adult family or adult household members, by a minor family or minor household member against an adult family or adult household member, by an adult against his or her adult former spouse or by an adult against an adult with whom the person has a child in common.
46.95(1)(b)
(b) "Family member" means a spouse, a parent, a child or a person related by blood or adoption to another person.
46.95(1)(c)
(c) "Household member" means a person currently or formerly residing in a place of abode with another person.
46.95(1)(d)
(d) "Organization" means a nonprofit corporation, a public agency or a federally recognized American Indian tribe or band that provides or proposes to provide any of the following domestic abuse services:
46.95(1)(d)1.
1. Shelter facilities or private home shelter care.
46.95(2)(a)(a) The secretary shall make grants from the appropriations under
s. 20.435 (3) (cd),
(hh) and
(km) to organizations for the provision of any of the services specified in
sub. (1) (d). Grants may be made to organizations which have provided those domestic abuse services in the past or to organizations which propose to provide those services in the future. No grant may be made to fund services for child or unborn child abuse or abuse of elderly persons.
46.95(2)(b)
(b) In reviewing applications for grants, the department shall consider:
46.95(2)(b)1.
1. The need for domestic abuse services in the specific community in which the applicant provides services or proposes to provide services.
46.95(2)(b)2.
2. Coordination of the organization's services with other resources in the community and the state.
46.95(2)(b)3.
3. The need for domestic abuse services in the areas of the state served by each health systems agency, as defined in s.
140.83 (1), 1985 stats.
46.95(2)(b)5.
5. Maintenance of effort, by a city, village, town or county.
46.95(2)(c)
(c) No grant may be made to an organization which provides or will provide shelter facilities unless the department of commerce determines that the physical plant of the facility will not be dangerous to the health or safety of the residents when the facility is in operation. No grant may be given to an organization which provides or will provide shelter facilities or private home shelter care unless the organization ensures that the following services will be provided either by that organization or by another organization, person or agency:
46.95(2)(c)5.
5. Arrangements for education of school-age children.
46.95(2)(d)1.1. No organization may receive more than 70% of its operating budget from grants under this section.
46.95(2)(d)2.
2. Not more than 33 1/3% of the 30% of an organization's operating budget not funded by grants under this section may consist of the value of in-kind contributions. The department shall establish guidelines regarding which contributions qualify as in-kind contributions.
46.95(2)(e)
(e) In funding new domestic abuse services, the department shall give preference to services in areas of the state where these services are not otherwise available.
46.95(2)(f)1.
1. Award $545,000 in grants in fiscal year 1997-98 and $995,000 in grants in each fiscal year thereafter to organizations for domestic abuse services that are targeted to children. In awarding the grants, the department shall use a competitive request-for-proposals process and, to the extent possible, shall ensure that the grants are equally distributed on a statewide basis.
46.95(2)(f)5.
5. Expend $20,700 each fiscal year to contract with a nonstate agency to do all of the following:
46.95(2)(f)5.a.
a. Act as liaison among local, state, federal and private housing agencies.
46.95(2)(f)5.c.
c. Coordinate and disseminate information on job training programs.
46.95(2)(f)5.d.
d. Circulate information on successful transitional living programs.
46.95(2)(f)6.
6. Expend $69,700 each fiscal year to provide ongoing training and technical assistance to do all of the following:
46.95(2)(f)6.a.
a. Educate organizations and advocates for victims of domestic abuse about the judicial system.
46.95(2)(f)7.
7. Award a grant of $25,000 in each fiscal year to each of 30 organizations to enhance support services. Funding may be used for such purposes as case management; children's programming; assisting victims of domestic abuse to find employment; and training in and activities promoting self-sufficiency.
46.95(2)(f)8.
8. Award $200,000 in grants in each fiscal year to organizations for domestic abuse services for individuals who are members of underserved populations, including racial minority group members and individuals with mental illness or developmental disabilities. A grant to an organization may not exceed $60,000.
46.95(2)(f)9.
9. Award a grant of $25,000 in fiscal year 1999-2000 and a grant of $50,000 in each fiscal year thereafter to the Wisconsin Coalition Against Domestic Violence for the cost of a staff person to provide assistance in obtaining legal services to domestic abuse victims.
46.95(2)(g)
(g) Grants made and moneys expended under this subsection from the appropriation under
s. 20.435 (3) (km) may be used only for the benefit of individuals whose family incomes do not exceed 250% of the poverty line, as defined in
s. 49.001 (5).
46.95(2m)
(2m) Reporting requirements. Any organization that receives a grant under this section shall report all of the following information to the department by February 15 annually:
46.95(2m)(a)
(a) The total expenditures that the organization made on domestic abuse services in the period for which the grant was provided.
46.95(2m)(b)
(b) The expenditures specified in
par. (a) by general category of domestic abuse services provided.
46.95(2m)(c)
(c) The number of persons served in the period for which the grant was provided by general type of domestic abuse service.
46.95(2m)(d)
(d) The number of persons who were in need of domestic abuse services in the period for which the grant was provided but who did not receive the domestic abuse services that they needed.
46.95(3)
(3) Council on domestic abuse. The council on domestic abuse shall:
46.95(3)(a)
(a) Review applications for grants under this section and advise the secretary as to whether the applications should be approved or denied. The council shall consider the criteria under
sub. (2) (b) when reviewing the applications.
46.95(3)(b)
(b) Advise the secretary and the legislature on matters of domestic abuse policy.
46.95(3)(c)
(c) Develop with the judicial conference and provide without cost simplified forms for filing petitions for domestic abuse restraining orders and injunctions under
s. 813.12.
46.95 History
History: 1979 c. 111;
1979 c. 355 s.
241;
1981 c. 20 ss.
792c,
792m,
2202 (20) (s);
1983 a. 27 ss.
997m,
998,
2202 (20);
1983 a. 204;
1985 a. 29;
1987 a. 332,
399;
1989 a. 31;
1991 a. 39,
96;
1993 a. 16,
227,
246,
319,
491;
1995 a. 27 ss.
2337 to
2345,
9116 (5);
1997 a. 27,
292;
1999 a. 9,
162.
46.96
46.96
Independent living center grants. 46.96(1)(ah)
(ah) "Independent living center" means a community-based, nonresidential private nonprofit agency that vests power and authority in individuals with disabilities, that is designed and operated within a local community by individuals with disabilities and that provides an array of independent living services, including independent living core services, on a cross-disability basis.
46.96(1)(am)
(am) "Independent living core services" means information and referral services, independent living skills training, peer counseling and individual and systems advocacy.
46.96(1)(b)
(b) "Severely disabled individual" means any individual with a severe physical or mental impairment whose ability to function independently in his or her family or community or whose ability to obtain, maintain or advance in employment is substantially limited and for whom the delivery of independent living services will improve either his or her ability to function independently in his or her family or community or his or her ability to engage in employment.
