2. The underlying definition of "emotional damage", which is a component of the
definition of "abuse", is changed by this bill. The bill repeals the definition of "emotional
damage" in current s. 48.981 (1) (cm), stats., and creates a new definition of "emotional
damage" in s. 48.02 (5j), stats., as created by this bill.
3. A violation of s. 948.10, stats., (for purposes of sexual arousal or gratification,
either causing a child to expose genitals or pubic area or exposing genitals or pubic area
to a child) has been added.
SB501, s. 112
4Section
112. 48.981 (1) (b) of the statutes is repealed.
Note: Repeals the definition of "child" under s. 48.981, stats., as the term is defined
in the same way in the current general definitions section of ch. 48 (s. 48.02 (2), stats.).
SB501, s. 113
5Section
113. 48.981 (1) (cm) of the statutes is repealed.
Note: Repeals the definition of "emotional damage" under s. 48.981, stats., to
reflect creation of the definition of "emotional damage" in the general definitions section
of ch. 48 (s. 48.02 (5j), stats., as created by this bill).
Under current s. 48.981 (1) (cm), stats., "emotional damage" means "...harm to a
child's psychological or intellectual functioning which is exhibited by severe anxiety,
depression, withdrawal or outward aggressive behavior, or a combination of those
behaviors, and for which the child's parent, guardian or legal custodian has failed to
obtain the treatment necessary to remedy the harm. "Emotional damage" may be
demonstrated by a substantial and observable change in behavior, emotional response or
cognition that is not within the normal range for the child's age and stage of
development.".
Under s. 48.02 (5j), stats., as created by this bill, "emotional damage" means harm
to a child's psychological or intellectual functioning for which the child's parent, guardian
or legal custodian has neglected, refused or been unable to obtain the necessary
treatment or to take necessary steps to ameliorate the symptoms. Section 48.02 (5j),
stats., as created by this bill, further requires that the emotional damage be evidenced
by one or more of the following characteristics exhibited to a substantial degree:
1. Anxiety.
2. Depression.
3. Withdrawal.
4. Outward aggressive behavior.
5. Substantial and observable change in behavior, emotional response or cognition
that is not within the normal range for the child's age and stage of development.
SB501, s. 114
1Section
114. 48.981 (1) (e) of the statutes is repealed.
Note: Repeals the definition of "physical injury" under s. 48.981, stats., to reflect
creation of the definition of "physical injury" in the general definitions section of ch. 48
(s. 48.02 (14m), as created by this bill).
Under current s. 48.981 (1) (e), stats., "physical injury", which is one of the
components of the definition of "abuse" in current s. 48.981 (1) (a), stats., "...includes but
is not limited to lacerations, fractured bones, burns, internal injuries, severe or frequent
bruising or great bodily harm as defined under s. 939.22 (14).". ["Great bodily harm" is
defined in s. 939.22 (14), stats., as "bodily injury which creates a substantial risk of death,
or which causes serious permanent disfigurement, or which causes a permanent or
protracted loss or impairment of the function of any bodily member or organ or other
serious bodily injury".]
In contrast, the definition of "physical injury" in s. 48.02 (14m), stats., as created
by this bill, provides that "physical injury" means "bodily harm", as defined in s. 939.22
(4), stats., ("physical pain or injury, illness or any impairment of physical condition") but
includes an exception for reasonable discipline by a "person responsible for the child's
welfare", as defined in s. 939.45 (5) (a) 3., stats.
SB501, s. 115
2Section
115. 48.981 (2m) (c) (intro.) of the statutes is amended to read:
SB501,95,53
48.981
(2m) (c) (intro.) Except as provided under pars. (d) and (e), the following
4persons are not required to report as suspected or threatened abuse, as defined
under 5sub. in s. 48.02 (1)
(a) 2. (b), sexual intercourse or sexual contact involving a child:
Note: Reflects the repeal of the definition of "abuse" in s. 48.981 (1) (a), stats., and
the creation of a definition of "abuse" in s. 48.02 (1), stats., as created by this bill, including
provision for sexual intercourse and sexual contact in s. 48.02 (1) (b), stats., as created
by this bill.
SB501, s. 116
6Section
116. 48.981 (3) (c) 4. of the statutes is amended to read:
SB501,96,97
48.981
(3) (c) 4. The county department shall determine, within 60 days after
8receipt of a report, whether abuse or neglect has occurred or is likely to occur. The
9determination shall be based on a preponderance of the evidence produced by the
1investigation. A determination that abuse or neglect has occurred may not be based
2solely on the fact that the child's parent, guardian or legal custodian in good faith
3selects and relies on prayer or other religious means for treatment of disease or for
4remedial care of the child. In making a determination that emotional damage has
5occurred, the county department shall give due regard to the culture of the subjects
6and shall establish that the person alleged to be responsible for the emotional
7damage is
unwilling neglecting, refusing or unable to remedy the harm. This
8subdivision does not prohibit a court from ordering medical services for the child if
9the child's health requires it.
Note: Provides that, with respect to the duty of a county department conducting
a child abuse or neglect investigation and making a determination as to whether
emotional damage has occurred, the county department must establish that the person
alleged to be responsible for the emotional damage is neglecting, refusing or unable to
remedy the harm rather than merely being unwilling to do so.
SB501, s. 117
10Section
117. 48.981 (3) (c) 6m. of the statutes is created to read:
SB501,97,611
48.981
(3) (c) 6m. If a person who is not required under sub. (2) to report makes
12a report and is a relative of the child, other than the child's parent, that person may
13make a written request to the county department or licensed child welfare agency
14under contract with the county department for information regarding what action,
15if any, was taken to protect the health and welfare of the child who is the subject of
16the report. A county department or licensed child welfare agency that receives a
17written request under this subdivision shall, within 60 days after it receives the
18report or 20 days after it receives the written request, whichever is later, inform the
19reporter in writing of what action, if any, was taken to protect the health and welfare
20of the child, unless a court order prohibits that disclosure, and of the duty to keep the
21information confidential under sub. (7) (e) and the penalties for failing to do so under
22sub. (7) (f). The county department or licensed child welfare agency may petition the
1court ex parte for an order prohibiting that disclosure and, if the county department
2or licensed child welfare agency does so, the time period within which the
3information must be disclosed is tolled on the date the petition is filed and remains
4tolled until the court issues a decision. The court may hold an ex parte hearing in
5camera and shall issue an order granting the petition if the court determines that
6disclosure of the information would not be in the best interests of the child.
Note: Does the following:
1. Provides that voluntary reporters who are relatives of a child, as defined in s.
48.981 (1) (fm), stats., other than the child's parent, may request in writing that a county
department or a licensed child welfare agency under contract with the county department
disclose information to them regarding what action, if any, was taken to protect the health
and welfare of the child. The voluntary reporters who may request this information are
the following: the child's grandparent, stepparent, brother, sister, first cousin, 2nd
cousin, nephew, niece, uncle, aunt, stepgrandparent, stepbrother, stepsister, half brother,
half sister, brother-in-law, sister-in-law, stepuncle or stepaunt.
2. Provides that a county department or a licensed child welfare agency that
receives such a request must, within 60 days after it receives the report or 20 days after
it receives the written request, whichever is later, inform such a voluntary reporter in
writing of: (a) what action, if any, was taken to protect the health and welfare of the child,
unless the county department or child welfare agency has obtained a juvenile court order
prohibiting such disclosure; and (b) the duty to keep the information confidential and the
penalties for failing to do so.
The special committee intends that the information provided to a voluntary
reporter be the same information that is typically provided to mandatory reporters, that
is, whether the report was substantiated or unsubstantiated and whether services were
offered to the child.
3. Permits the county department or licensed child welfare agency to petition the
juvenile court ex parte for an order prohibiting such disclosure and, if the county
department or licensed child welfare agency does so, provides that the deadline for
disclosure is suspended until the juvenile court issues its decision. This Section also
provides that the juvenile court may hold an ex parte hearing in camera and must issue
an order granting the petition if the juvenile court determines that such disclosure would
not be in the best interests of the child.
SB501, s. 118
7Section
118. 48.981 (3) (cm) of the statutes is amended to read:
SB501,97,128
48.981
(3) (cm)
Contract with licensed child welfare agencies. A county
9department may contract with a licensed child welfare agency to fulfill its duties
10specified under par. (c) 1., 2. b., 5., 6.
, 6m. and 8. The confidentiality provisions
11specified in sub. (7) shall apply to any licensed child welfare agency with which a
12county department contracts.
SB501, s. 119
1Section
119. 48.981 (7) (a) 1m. of the statutes is created to read:
SB501,98,92
48.981
(7) (a) 1m. A reporter described in sub. (3) (c) 6m. who makes a written
3request to the county department or licensed child welfare agency under contract
4with the county department for information regarding what action, if any, was taken
5to protect the health and welfare of the child who is the subject of the report, unless
6a court order under sub. (3) (c) 6m. prohibits disclosure of that information to that
7reporter, except that the only information that may be disclosed is information in the
8record regarding what action, if any, was taken to protect the health and welfare of
9the child who is the subject of the report.
Note: Includes a voluntary reporter who is a relative, other than a parent, and who
makes a written request for information regarding what action, if any, was taken to
protect the health and welfare of the child who is the subject of the report in the list of
persons to whom information in child abuse or neglect records may be disclosed, unless
a juvenile court order prohibits disclosure of that information to that reporter, but limits
the information that may be disclosed to such a voluntary reporter to information
regarding what action, if any, was taken to protect the health and welfare of the child.
By virtue of inclusion in this list, a voluntary reporter who receives such information is
subject to the duty to keep the information confidential in s. 48.981 (7) (e), stats., and the
penalties for failing to do so in s. 48.981 (7) (f), stats.
SB501, s. 120
10Section
120. 48.982 (1) (a) of the statutes is repealed.
Note: Repeals the definition of "abuse" in s. 48.982 (1) (a), stats., to reflect the
creation of a definition of "abuse" in s. 48.02 (1), as created by this bill.
SB501, s. 121
11Section
121. 48.982 (1) (c) of the statutes is amended to read:
SB501,98,1612
48.982
(1) (c) "Neglect"
means neglect, refusal or inability, for reasons other
13than poverty, by a parent, guardian, legal custodian or other person exercising
14temporary or permanent control over a child to provide necessary care, food, clothing,
15medical or dental care or shelter so as to seriously endanger the physical health of
16the child has the meaning given in s. 48.981 (1) (d).
Note: Amends the definition of "neglect" in the child abuse and neglect prevention
board statute to duplicate the definition of "neglect" in s. 48.981 (1) (d), stats., for the child
abuse and neglect reporting and investigation statute.
SB501,99,183
252.15
(5) (a) 19. If the test was administered to a child
who has been placed
4in a foster home, treatment foster home, group home or child caring institution,
5including a placement under s. 48.205, 48.21, 938.205 or 938.21 or for whom
6placement in a foster home,
treatment foster home, group home or child caring
7institution is recommended under s. 48.33 (4)
, 48.425 (1) (g), 48.837 (4) (c) or 938.33
8(3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1)
,
948.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c) or 938.33 (1)
or, to an agency
10responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2),
1148.837 (4) (c) or 938.365 (2g), to an agency responsible for preparing a permanency
12plan under s.
48.355 (2e), 48.38
, 48.43 (1) (c) or (5) (c), 48.63 (4), 48.831 (4) (e), 938.355
13(2e) or 938.38 regarding the child
or to an agency that placed the child or arranged
14for the placement of the child in any of those placements and, by
that agency, any of
15those agencies, to any other of those agencies and, by the agency that placed the child
16or arranged for the placement of the child in any of those placements, to the child's
17foster parent
or treatment foster parent or the operator of the group home or child
18caring institution in which the child is placed, as provided in s. 48.371 or 938.371.
Note: Amends current law regarding confidentiality of HIV test results to permit
disclosure of those test results as follows:
1. By additionally permitting disclosure if a child has been placed in a treatment
foster home.
2. By additionally permitting disclosure regarding a child placed in a foster home,
treatment foster home, group home or CCI or recommended for such a placement under
s. 48.425 (1) (g), stats. [following TPR if it is unlikely a child will be adopted or adoption
is not in the best interests of a child], or s. 48.837 (4) (c), stats. [child placed with
nonrelative for adoption], rather than restricting disclosure to cases in which a child has
been recommended for placement under s. 48.33 (4) or 938.33 (4), stats. [out-of-home
placement recommended in predispositional report for a child adjudged to be CHIPS or
delinquent].
3. By additionally providing that the disclosure may be made to all of the following:
(a) the agency directed by a juvenile court to prepare a court report under various
provisions in ch. 48 rather than restricting disclosure to the agency directed to prepare
a court report under s. 48.33 (1) or 938.33 (1), stats. [predispositional report for a child
adjudged to be CHIPS or delinquent]; (b) to an agency responsible for preparing a court
report under various provisions in ch. 48; (c) to an agency responsible for preparing a
permanency plan under various provisions of ch. 48 rather than restricting disclosure to
the agency directed to prepare a permanency plan under s. 48.38 or 938.38, stats.; (d) to
an agency that placed the child or arranged for the placement of the child in substitute
care; and (e) by any of those agencies to any other of those agencies.
4. By providing that the agency that placed the child or arranged for the placement
of the child in substitute care may disclose the HIV test results to the substitute care
provider as provided in s. 48.371, stats., as affected by this bill, rather than the agency
directed by the juvenile court to prepare a court report under s. 48.33 (1), stats., or the
agency directed by a juvenile court to prepare a child's permanency plan under s. 48.38,
stats., as provided in s. 48.371, 1993 stats.
SB501, s. 123
1Section
123. 756.096 (3) (e) of the statutes is created to read:
SB501,100,42
756.096
(3) (e) Notwithstanding par. (b), a jury in a proceeding under s. 48.13
3shall consist of 6 persons and a jury in a proceeding under s. 48.42 shall consist of
412 persons unless the parties agree to a lesser number.
SB501, s. 124
5Section
124. 767.075 (1) (a) of the statutes is amended to read:
SB501,100,86
767.075
(1) (a) An action to establish paternity whenever there is a completed
7application for legal services filed with the child support program under s. 46.25 or
8whenever s. 767.45 (6m)
or (6r) applies.
Note: Specifies that the state is a real party in interest in an action to establish
paternity whenever a IV-D attorney receives a required referral from a juvenile court
under s. 48.299 (6) (a), stats., as affected by this bill.
SB501, s. 125
9Section
125. 767.11 (8) (b) 1. of the statutes is amended to read:
SB501,100,1110
767.11
(8) (b) 1. That a party engaged in abuse
, as defined in s. 813.122 (1) (a), 11of the child, as defined in s.
48.981 (1) (a) and (b) or 813.122 (1) (a) 48.02 (2).
Note: With respect to the evidence a court considers in determining whether an
initial mediation session should not be held in certain actions affecting the family, the
amendment reflects the renumbering resulting from:
1. The repeal of the definition of "abuse" in s. 48.981 (1) (a), stats., the creation of
a definition of "abuse" in s. 48.02 (1), stats., as created by this bill, and the incorporation
of the definition of "abuse" in s. 48.02 (1), stats., as created by this bill, in the definition
of "abuse" in s. 813.122 (1) (a), stats., as repealed and recreated by this bill.
2. The repeal of the definition of "child" in s. 48.981 (1) (b), stats., as that term is
defined in the same way in current s. 48.02 (2), stats.
SB501, s. 126
12Section
126. 767.11 (10) (e) 1. of the statutes is amended to read:
SB501,101,3
1767.11
(10) (e) 1. There is evidence that a party engaged in abuse
, as defined
2in s. 813.122 (1) (a), of the child, as defined in s.
48.981 (1) (a) and (b) or 813.122 (1)
3(a) 48.02 (2).
Note: With respect to the authority of a mediator to terminate mediation in certain
actions affecting the family, the amendment reflects:
1. The repeal of the definition of "abuse" in s. 48.981 (1) (a), stats., the creation of
a definition of "abuse" in s. 48.02 (1), stats., as created by this bill, and the incorporation
of the definition of "abuse" in s. 48.02 (1), stats., as created by this bill, in the definition
of "abuse" in s. 813.122 (1) (a), stats., as repealed and recreated by this bill.
2. The repeal of the definition of "child" in s. 48.981 (1) (b), stats., as that term is
defined in the same way in current s. 48.02 (2), stats.
SB501, s. 127
4Section
127. 767.24 (2) (b) 2. c. of the statutes is amended to read:
SB501,101,155
767.24
(2) (b) 2. c. The parties will be able to cooperate in the future decision
6making required under an award of joint legal custody. In making this finding the
7court shall consider, along with any other pertinent items, any reasons offered by a
8party objecting to joint legal custody. Evidence that either party engaged in abuse
,
9as defined in s. 813.122 (1) (a), of the child
, as defined in s.
48.981 (1) (a) and (b) or
10813.122 (1) (a) 48.02 (2), or evidence of interspousal battery
, as described under s.
11940.19
, or domestic abuse
, as defined in s. 813.12 (1) (a)
, creates a rebuttable
12presumption that the parties will not be able to cooperate in the future decision
13making required. This presumption may be rebutted by clear and convincing
14evidence that the abuse will not interfere with the parties' ability to cooperate in the
15future decision making required.
Note: With respect to one of the findings a court must make under certain
circumstances in determining whether to award joint legal custody, the amendment
reflects the renumbering resulting from:
1. The repeal of the definition of "abuse" in s. 48.981 (1) (a), stats., the creation of
a definition of "abuse" in s. 48.02 (1), stats., as created by this bill, and the incorporation
of the definition of "abuse" in s. 48.02 (1), stats., as created by this bill, in the definition
of "abuse" in s. 813.122 (1) (a), stats., as repealed and recreated by this bill.
2. The repeal of the definition of "child" in s. 48.981 (1) (b), stats., as that term is
defined in the same way in current s. 48.02 (2), stats.
SB501, s. 128
16Section
128. 767.24 (5) (h) of the statutes is amended to read:
SB501,102,3
1767.24
(5) (h) Whether there is evidence that a party engaged in abuse
, as
2defined in s. 813.122 (1) (a), of the child, as defined in s.
48.981 (1) (a) and (b) or
3813.122 (1) (a) 48.02 (2).
Note: With respect to the factors a court considers in custody and physical
placement determinations, the amendment reflects:
1. The repeal of the definition of "abuse" in s. 48.981 (1) (a), stats., the creation of
a definition of "abuse" in s. 48.02 (1), stats., as created by this bill, and the incorporation
of the definition of "abuse" in s. 48.02 (1), stats., as created by this bill, in the definition
of "abuse" in s. 813.122 (1) (a), stats., as repealed and recreated by this bill.
2. The repeal of the definition of "child" in s. 48.981 (1) (b), stats., as that term is
defined in the same way in current s. 48.02 (2), stats.
SB501, s. 129
4Section
129. 767.45 (1) (i) of the statutes is amended to read:
SB501,102,65
767.45
(1) (i) A guardian ad litem appointed
for the child under s.
48.235 or 6767.045 (1) (c).
Note: Adds a GAL for a child appointed under ch. 48 to the list of persons who may
bring an action or motion for the purpose of determining the paternity of a child or for the
purpose of rebutting a presumption of paternity.
SB501, s. 130
7Section
130. 767.45 (5) (c) of the statutes is created to read:
SB501,102,108
767.45
(5) (c) If a matter is referred under s. 48.299 (6) (a) to an attorney
9designated under sub. (6) (a), that attorney shall also include in the petition
10notification to the court that the matter was referred under s. 48.299 (6) (a).
Note: Requires a IV-D attorney who receives a required referral from a juvenile
court under s. 48.299 (6) (a), stats., as affected by this bill, to notify the family court in
a paternity petition that the IV-D attorney received such a required referral, thus
providing notice to the family court that s. 767.475 (7m), stats., as created by this bill,
applies.
SB501, s. 131
11Section
131. 767.45 (6r) of the statutes is created to read:
SB501,102,1312
767.45
(6r) (a) The attorney designated under sub. (6) (a) who receives a
13referral under s. 48.299 (6) (a) shall do all of the following:
SB501,102,1714
1. Give priority to matters referred under s. 48.299 (6) (a) or 938.299 (6) (a),
15including priority in determining whether an action should be brought under this
16section and, if the determination is that such an action should be brought, priority
17in bringing the action and in establishing the existence or nonexistence of paternity.
SB501,103,2
12. As soon as possible, but no later than 30 days after the date on which the
2referral is received, notify the court that referred the matter of one of the following:
SB501,103,43
a. The date on which an action has been brought under this section or the
4approximate date on which such an action will be brought.
SB501,103,85
b. That a determination has been made that an action should not be brought
6under this section or, if such a determination has not been made, the approximate
7date on which a determination will be made as to whether such an action should be
8brought.
SB501,103,109
c. That the man designated in s. 48.299 (6) (a) has previously been excluded as
10the father of the child.
SB501,103,1311
3. If an action is brought under this section, notify the court that referred the
12matter as soon as possible of a judgment or order determining the existence or
13nonexistence of paternity.
SB501,103,1714
(b) The attorney designated under sub. (6) (a) who receives a referral under s.
1548.299 (7) may bring an action under this section on behalf of the state and may give
16priority to the referral and notify the referring court in the same manner as is
17required under par. (a) when a matter is referred under s. 48.299 (6) (a).
Note: 1. Provides that if a matter is referred by the juvenile court under the
required referral provision, the IV-D attorney receiving the referral must: (a) give
priority to such cases; (b) as soon as possible, but no later than 30 days after the referral,
notify the juvenile court of the date a paternity action has been or will be brought in family
court, that a determination has been made that such an action should not be brought or,
if a determination has not been made as to whether a paternity action should be brought,
the approximate date by which the determination will be made or that the man has been
excluded as the father of the child; (c) if a paternity action is brought, notify the family
court in the paternity proceeding petition that the matter was referred by the juvenile
court under the required referral provision; and (d) notify the juvenile court as soon as
possible of the family court's decision on the paternity action.
2. Permits a IV-D attorney who receives a permissive referral from a juvenile court
under s. 48.299 (7), stats., as created by this bill, to bring a paternity action in family court
and notify the juvenile court of the status of the paternity action.