Amendment SA2-AB463

AB463-SA2, s. 279m Section 279m. 48.981 (3) (c) 6m. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,27,2 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 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.

AB463-SA2, s. 280m Section 280m. 48.981 (3) (c) 7. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,27,17 48.981 (3) (c) 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 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 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-SA2, s. 281m Section 281m. 48.981 (3) (c) 8. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,28,8 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 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.

AB463-SA2, s. 282m Section 282m. 48.981 (3) (d) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,28,17 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 or by a child welfare agency who is working with the 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.

AB463-SA2, s. 283m Section 283m. 48.981 (3) (d) 2. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,29,9 48.981 (3) (d) 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).".

AB463-SA2,29,10 67. Page 123, line 6: delete lines 6 to 14 and substitute:

AB463-SA2,29,12 " Section 285m. 48.981 (7) (a) 1m. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,29,19 48.981 (7) (a) 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.".

AB463-SA2,29,20 68. Page 123, line 25: delete that line.

AB463-SA2,29,21 69. Page 124, line 1: delete lines 1 to 7 and substitute:

AB463-SA2,29,23 " Section 288m. 48.981 (7) (a) 5. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,30,5 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. 46.22 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.

AB463-SA2, s. 289m Section 289m. 48.981 (7) (a) 6. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,30,11 48.981 (7) (a) 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.".

AB463-SA2,30,12 70. Page 124, line 21: delete lines 21 to 24.

AB463-SA2,30,13 71. Page 125, line 1: delete lines 1 and 2 and substitute:

AB463-SA2,30,15 " Section 292m. 48.981 (7) (a) 11. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,30,20 48.981 (7) (a) 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.".

AB463-SA2,30,21 72. Page 125, line 8: delete lines 8 to 14 and substitute:

AB463-SA2,30,23 " Section 294m. 48.981 (7) (a) 11r. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,31,7 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 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.".

AB463-SA2,31,8 73. Page 125, line 20: delete lines 20 to 25.

AB463-SA2,31,9 74. Page 126, line 1: delete lines 1 to 5 and substitute:

AB463-SA2,31,11 " Section 296m. 48.981 (8) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,32,2 48.981 (8) (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. 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.".

AB463-SA2,32,3 75. Page 126, line 14: delete lines 14 to 25.

AB463-SA2,32,4 76. Page 127, line 1: delete lines 1 and 2 and substitute:

AB463-SA2,32,6 " Section 298m. 48.981 (8) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,32,13 48.981 (8) (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.

AB463-SA2, s. 299m Section 299m. 48.981 (8) (d) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,32,21 48.981 (8) (d) 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 department shall monitor compliance with this subdivision according to rules promulgated by the department.".

AB463-SA2,32,22 77. Page 127, line 13: delete lines 13 to 25.

AB463-SA2,32,23 78. Page 128, line 1: delete lines 1 to 4 and substitute:

AB463-SA2,33,2 " Section 301m. 48.985 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,33,8 48.985 (1) Federal program operations. From the appropriation under s. 20.435 (3) (n), the department shall expend not more than $273,700 in each fiscal year 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 and for child abuse and neglect and unborn child abuse independent investigations.

AB463-SA2, s. 302m Section 302m. 48.985 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,33,17 48.985 (2) Community social and mental hygiene services. From the appropriation under s. 20.435 (7) (o), the department shall distribute not more than $3,804,000 in fiscal year 1997-98 and not more than $3,734,000 in fiscal year 1998-99 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-SA2,33,18 79. Page 130, line 17: delete lines 17 to 25.

AB463-SA2,33,19 80. Page 131, line 1: delete lines 1 to 15 and substitute:

AB463-SA2,33,21 " Section 310m. 146.0255 (2) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB463-SA2,34,20 146.0255 (2) Testing. Any hospital employe who provides health care, social worker or intake worker under ch. 48 may refer an infant or an expectant mother of an unborn child, as defined in s. 48.02 (19), to a physician for testing of the infant's bodily fluids of the infant or expectant mother for controlled substances or controlled substance analogs if the hospital employe who provides health care, social worker or intake worker suspects that the infant or expectant mother has controlled substances or controlled substance analogs in the infant's bodily fluids of the infant or expectant mother because of the mother's use of controlled substances or controlled substance analogs by the mother while she was pregnant with the infant or by the expectant mother while she is pregnant with the unborn child. The physician may test the infant or expectant mother to ascertain whether or not the infant or expectant mother has controlled substances or controlled substance analogs in the infant's bodily fluids of the infant or expectant mother, if the physician determines that there is a serious risk that there are controlled substances or controlled substance analogs in the infant's bodily fluids of the infant or expectant mother because of the mother's use of controlled substances or controlled substance analogs by the mother while she was pregnant with the infant or by the expectant mother while she is pregnant with the unborn child and that the health of the infant, the unborn child or the child when born may be adversely affected by the controlled substances or controlled substance analogs. If the results of the test indicate that the infant or expectant mother does have controlled substances or controlled substance analogs in the infant's bodily fluids of the infant or expectant mother, the physician shall make a report under s. 46.238.".

AB463-SA2,34,21 (End)