SB77-SSA1,742,174
48.981
(3) (a)
Referral of report. A person required to report under sub. (2) shall
5immediately inform, by telephone or personally, the county department
or, in a
6county having a population of 500,000 or more, the department or a licensed child
7welfare agency under contract with the department or the sheriff or city, village or
8town police department of the facts and circumstances contributing to a suspicion of
9child abuse or neglect or to a belief that abuse or neglect will occur. The sheriff or
10police department shall within 12 hours, exclusive of Saturdays, Sundays or legal
11holidays, refer to the county department
or, in a county having a population of
12500,000 or more, the department or a licensed child welfare agency under contract
13with the department all cases reported to it. The county department
, department
14or licensed child welfare agency may require that a subsequent report be made in
15writing. Each county department
, the department and a licensed child welfare
16agency under contract with the department shall adopt a written policy specifying
17the kinds of reports it will routinely report to local law enforcement authorities.
SB77-SSA1,743,1919
48.981
(3) (c) 1. Within 24 hours after receiving a report under par. (a), the
20county department or licensed child welfare agency under contract with the county
21department agency shall, in accordance with the authority granted to the
22department under s. 48.48 (17) (a) 1. or the county department under s. 48.57 (1) (a),
23initiate a diligent investigation to determine if the child is in need of protection or
24services. The investigation shall be conducted in accordance with standards
25established by the department for conducting child abuse and neglect investigations.
1If the investigation is of a report of abuse or neglect or threatened abuse or neglect
2by a caregiver specified in sub. (1) (am) 5. to 8. who continues to have access to the
3child or a caregiver specified in sub. (1) (am) 1. to 4., or of a report that does not
4disclose who is suspected of the abuse or neglect and in which the investigation does
5not disclose who abused or neglected the child, the investigation shall also include
6observation of or an interview with the child, or both, and, if possible, an interview
7with the child's parents, guardian or legal custodian. If the investigation is of a
8report of abuse or neglect or threatened abuse or neglect by a caregiver who continues
9to reside in the same dwelling as the child, the investigation shall also include, if
10possible, a visit to that dwelling. At the initial visit to the child's dwelling, the person
11making the investigation shall identify himself or herself and the
county department
12or licensed child welfare agency involved to the child's parents, guardian or legal
13custodian. The
county department or licensed child welfare agency under contract
14with the county department agency may contact, observe or interview the child at
15any location without permission from the child's parent, guardian or legal custodian
16if necessary to determine if the child is in need of protection or services, except that
17the person making the investigation may enter a child's dwelling only with
18permission from the child's parent, guardian or legal custodian or after obtaining a
19court order to do so.
SB77-SSA1, s. 1704
20Section
1704. 48.981 (3) (c) 2. a. of the statutes is amended to read:
SB77-SSA1,744,221
48.981
(3) (c) 2. a. If the person making the investigation is an employe of the
22county department
or, in a county having a population of 500,000 or more, the
23department or a licensed child welfare agency under contract with the department 24and he or she determines that it is consistent with the child's best interest in terms
25of physical safety and physical health to remove the child from his or her home for
1immediate protection, he or she shall take the child into custody under s. 48.08 (2)
2or 48.19 (1) (c) and deliver the child to the intake worker under s. 48.20.
SB77-SSA1,744,134
48.981
(3) (c) 3. If the county department
or, in a county having a population
5of 500,000 or more, the department or a licensed child welfare agency under contract
6with the department determines that a child, any member of the child's family or the
7child's guardian or legal custodian is in need of services, the county department
,
8department or licensed child welfare agency shall offer to provide appropriate
9services or to make arrangements for the provision of services. If the child's parent,
10guardian or legal custodian refuses to accept the services, the county department
,
11department or licensed child welfare agency may request that a petition be filed
12under s. 48.13 alleging that the child who is the subject of the report or any other child
13in the home is in need of protection or services.
SB77-SSA1,745,415
48.981
(3) (c) 4. The county department
or, in a county having a population of
16500,000 or more, the department or a licensed child welfare agency under contract
17with the department shall determine, within 60 days after receipt of a report,
18whether abuse or neglect has occurred or is likely to occur. The determination shall
19be based on a preponderance of the evidence produced by the investigation. A
20determination that abuse or neglect has occurred may not be based solely on the fact
21that the child's parent, guardian or legal custodian in good faith selects and relies on
22prayer or other religious means for treatment of disease or for remedial care of the
23child. In making a determination that emotional damage has occurred, the county
24department
or, in a county having a population of 500,000 or more, the department
25or a licensed child welfare agency under contract with the department shall give due
1regard to the culture of the subjects and shall establish that the person alleged to be
2responsible for the emotional damage is neglecting, refusing or unable for reasons
3other than poverty to remedy the harm. This subdivision does not prohibit a court
4from ordering medical services for the child if the child's health requires it.
SB77-SSA1,745,126
48.981
(3) (c) 5. The
county department and licensed child welfare agency
7under contract with the county department agency shall maintain a record of its
8actions in connection with each report it receives. The record shall include a
9description of the services provided to any child and to the parents, guardian or legal
10custodian of the child. The
county department and licensed child welfare agency
11under contract with the county department agency shall update the record every 6
12months until the case is closed.
SB77-SSA1,745,1814
48.981
(3) (c) 6. The
county department or licensed child welfare agency under
15contract with the county department agency shall, within 60 days after it receives
16a report from a person required under sub. (2) to report, inform the reporter what
17action, if any, was taken to protect the health and welfare of the child who is the
18subject of the report.
SB77-SSA1,746,1320
48.981
(3) (c) 6m. If a person who is not required under sub. (2) to report makes
21a report and is a relative of the child, other than the child's parent, that person may
22make a written request to the
county department or licensed child welfare agency
23under contract with the county department agency for information regarding what
24action, if any, was taken to protect the health and welfare of the child who is the
25subject of the report.
A county department or licensed child welfare An agency that
1receives a written request under this subdivision shall, within 60 days after it
2receives the report or 20 days after it receives the written request, whichever is later,
3inform the reporter in writing of what action, if any, was taken to protect the health
4and welfare of the child, unless a court order prohibits that disclosure, and of the duty
5to keep the information confidential under sub. (7) (e) and the penalties for failing
6to do so under sub. (7) (f). The
county department or licensed child welfare agency
7may petition the court ex parte for an order prohibiting that disclosure and, if the
8county department or licensed child welfare agency does so, the time period within
9which the information must be disclosed is tolled on the date the petition is filed and
10remains tolled until the court issues a decision. The court may hold an ex parte
11hearing in camera and shall issue an order granting the petition if the court
12determines that disclosure of the information would not be in the best interests of the
13child.
SB77-SSA1,746,2415
48.981
(3) (c) 7. The county department
or, in a county having a population of
16500,000 or more, the department or a licensed child welfare agency under contract
17with the department shall cooperate with law enforcement officials, courts of
18competent jurisdiction, tribal governments and other human
service services 19agencies to prevent, identify and treat child abuse and neglect. The county
20department
or, in a county having a population of 500,000 or more, the department
21or a licensed child welfare agency under contract with the department shall
22coordinate the development and provision of services to abused and neglected
23children and to families where abuse or neglect has occurred or to children and
24families where circumstances justify a belief that abuse or neglect will occur.
SB77-SSA1,747,14
148.981
(3) (c) 8. Using the format prescribed by the department, each county
2department shall provide the department with information about each report that
3it the county department receives or that is received by a licensed child welfare
4agency that is under contract with the county department and about each
5investigation
it that the county department or a licensed child welfare agency under
6contract with the county department conducts.
Using the format prescribed by the
7department, a licensed child welfare agency under contract with the department
8shall provide the department with information about each report that the child
9welfare agency receives and about each investigation that the child welfare agency
10conducts. This information shall be used by the department to monitor services
11provided by county departments or licensed child welfare agencies under contract
12with county departments
or the department. The department shall use
13nonidentifying information to maintain statewide statistics on child abuse and
14neglect, and for planning and policy development.
SB77-SSA1,747,1716
48.981
(3) (c) 9. The
county agency may petition for child abuse restraining
17orders and injunctions under s. 48.25 (6).
SB77-SSA1,748,219
48.981
(3) (cm)
Contract with licensed child welfare agencies. A county
20department may contract with a licensed child welfare agency to fulfill
its the county
21department's duties specified under par. (c) 1., 2. b., 5., 6., 6m. and 8.
The department
22may contract with a licensed child welfare agency to fulfill the department's duties
23specified under par. (c) 1., 2. a., 3., 4., 5., 6., 6m., 7., 8. and 9. in a county having a
24population of 500,000 or more. The confidentiality provisions specified in sub. (7)
1shall apply to any licensed child welfare agency with which a county department
or
2the department contracts.
SB77-SSA1,748,104
48.981
(3) (d)
Independent investigation. 1. In this paragraph, "agent"
5includes, but is not limited to, a foster parent, treatment foster parent or other person
6given custody of a child or a human services professional employed by a county
7department under s. 51.42 or 51.437
or by a child welfare agency who is working with
8the child under contract with or under the supervision of the
department in a county
9having a population of 500,000 or more or a county department under s.
46.215 or 1046.22.
SB77-SSA1,749,511
2. If an agent or employe of
a county department or licensed child welfare
12agency under contract with the county department an agency required to investigate
13under this subsection is the subject of a report, or if the
county department or
14licensed child welfare agency under contract with the county department agency 15determines that, because of the relationship between the
county department or
16licensed child welfare agency under contract with the county department agency and
17the subject of a report, there is a substantial probability that the
county department
18or licensed child welfare agency under contract with the county department agency 19would not conduct an unbiased investigation, the
county department or licensed
20child welfare agency under contract with the county department
agency shall, after
21taking any action necessary to protect the child, notify the department. Upon receipt
22of the notice, the department
, in a county having a population of less than 500,000 23or a county department or child welfare agency designated by the department
in any
24county shall conduct an independent investigation. If the department designates a
25county department under s.
46.215, 46.22, 46.23, 51.42 or 51.437, that county
1department shall conduct the independent investigation. If a licensed child welfare
2agency agrees to conduct the independent investigation, the department may
3designate
that the child welfare agency to do so. The powers and duties of the
4department or designated county department or child welfare agency making an
5independent investigation are those given to county departments under par. (c).
SB77-SSA1,749,157
48.981
(5) Coroner's report. Any person or official required to report cases of
8suspected child abuse or neglect who has reasonable cause to suspect that a child
9died as a result of child abuse or neglect shall report the fact to the appropriate
10medical examiner or coroner. The medical examiner or coroner shall accept the
11report for investigation and shall report the findings to the appropriate district
12attorney
,; to the department
, or, in a county having a population of 500,000 or more,
13to a licensed child welfare agency under contract with the department; to the county
14department and, if the institution making the report initially is a hospital, to the
15hospital.
SB77-SSA1, s. 1716
16Section
1716. 48.981 (7) (a) (intro.) of the statutes is amended to read:
SB77-SSA1,749,2117
48.981
(7) (a) (intro.) All reports made under this section, notices provided
18under sub. (3) (bm) and records maintained by
the department, county departments
19or licensed child welfare agencies under contract with the county departments an
20agency and other persons, officials and institutions shall be confidential. Reports
21and records may be disclosed only to the following persons:
SB77-SSA1,750,523
48.981
(7) (a) 1m. A reporter described in sub. (3) (c) 6m. who makes a written
24request to
the county department or licensed child welfare agency under contract
25with the county department an agency for information regarding what action, if any,
1was taken to protect the health and welfare of the child who is the subject of the
2report, unless a court order under sub. (3) (c) 6m. prohibits disclosure of that
3information to that reporter, except that the only information that may be disclosed
4is information in the record regarding what action, if any, was taken to protect the
5health and welfare of the child who is the subject of the report.
SB77-SSA1,750,97
48.981
(7) (a) 2. Appropriate staff of
the department, a county department or
8licensed child welfare agency under contract with the county departments, an
9agency or a tribal social services department.
SB77-SSA1,750,1511
48.981
(7) (a) 5. A professional employe of a county department under s. 51.42
12or 51.437 who is working with the child under contract with or under the supervision
13of the county department under s.
46.215 or 46.22
or, in a county having a population
14of 500,000 or more, the department or a licensed child welfare agency under contract
15with the department.
SB77-SSA1,750,1917
48.981
(7) (a) 6. A multidisciplinary child abuse and neglect team recognized
18by the county department
or, in a county having a population of 500,000 or more, the
19department or a licensed child welfare agency under contract with the department.
SB77-SSA1,751,221
48.981
(7) (a) 6m. A person employed by a child advocacy center recognized by
22the county board
or, the county department
or, in a county having a population of
23500,000 or more, the department or a licensed child welfare agency under contract
24with the department, to the extent necessary to perform the services for which the
1center is recognized by the county board
or, the county department
, the department
2or the licensed child welfare agency.
SB77-SSA1,751,54
48.981
(7) (a) 8. A law enforcement officer or
law enforcement agency or a
5district attorney for purposes of investigation or prosecution.
SB77-SSA1,751,107
48.981
(7) (a) 11. The county corporation counsel or district attorney
8representing the interests of the public
, the agency legal counsel and the counsel or
9guardian ad litem representing the interests of a child in proceedings under subd.
1010., 10g or 10j.
SB77-SSA1, s. 1724
11Section
1724. 48.981 (7) (a) 11r. of the statutes is amended to read:
SB77-SSA1,751,1812
48.981
(7) (a) 11r. A volunteer appointed or person employed by a
13court-appointed special advocate program recognized by the county board or the
14county department
or, in a county having a population of 500,000 or more, the
15department or a licensed child welfare agency under contract with the department,
16to the extent necessary to perform the advocacy services in proceedings related to a
17petition under s. 48.13 for which the court-appointed special advocate program is
18recognized by the county board
or, county department
or department.
SB77-SSA1,751,2220
48.981
(7) (a) 13. The department, a county department
under s. 48.57 (1) (e)
21or (hm) or
a licensed child welfare agency ordered to conduct a screening or an
22investigation of a stepparent under s. 48.88 (2) (c).
SB77-SSA1,752,3
148.981
(7) (a) 15. A child fatality review team recognized by the county
2department
or, in a county having a population of 500,000 or more, the department
3or a licensed child welfare agency under contract with the department.
SB77-SSA1,752,65
48.981
(7) (cm)
A county An agency may disclose information from its records
6for use in proceedings under s. 48.25 (6), 813.122 or 813.125.
SB77-SSA1,752,108
48.981
(7) (d) The department may have access to any report or record
9maintained by
a county department or licensed child welfare agency under contract
10with a county department an agency under this section.
SB77-SSA1,752,2512
48.981
(8) (a) The department
and, the county departments
and a licensed
13child welfare agency under contract with the department in a county having a
14population of 500,000 or more to the extent feasible shall conduct continuing
15education and training programs for staff of the department,
the county
16departments
, a licensed child welfare agency under contract with the department or
17a county department, and
the tribal social services departments, persons and
18officials required to report, the general public and others as appropriate. The
19programs shall be designed to encourage reporting of child abuse and neglect, to
20encourage self-reporting and voluntary acceptance of services and to improve
21communication, cooperation and coordination in the identification, prevention and
22treatment of child abuse and neglect. The department
and
, the county departments
23and a licensed child welfare agency under contract with the department in a county
24having a population of 500,000 or more shall develop public information programs
25about child abuse and neglect.
SB77-SSA1,753,82
48.981
(8) (c) In meeting its responsibilities under par. (a) or (b), the
3department
or, a county department
or a licensed child welfare agency under
4contract with the department in a county having a population of 500,000 or more may
5contract with any public or private organization which meets the standards set by
6the department. In entering into the contracts the department
or, county
7department
or licensed child welfare agency shall give priority to parental
8organizations combating child abuse and neglect.
SB77-SSA1,753,1510
48.981
(8) (d) 1. Each
county department or licensed child welfare agency
11under contract with a county department agency staff member and supervisor whose
12responsibilities include investigation or treatment of child abuse and neglect shall
13successfully complete training in child abuse and neglect protective services
14approved by the department. The department shall monitor compliance with this
15subdivision according to rules promulgated by the department.
SB77-SSA1,753,2117
48.981
(8) (d) 2. Each year the department shall make available training
18programs that permit intake workers and
county department or licensed child
19welfare agency under contract with a county department agency staff members and
20supervisors to satisfy the requirements under subd. 1. and s. 48.06 (1) (am) 3. and
21(2) (c).
SB77-SSA1,753,2523
48.981
(10) Current list of tribal agents. The department shall annually
24provide to each
county department agency described in sub. (3) (bm) (intro.) a current
25list of all tribal agents in the state.
SB77-SSA1,754,62
48.982
(2) (d) Solicit and accept contributions, grants, gifts and bequests for the
3children's trust fund or for any other purpose for which a contribution, grant, gift or
4bequest is made and received. Moneys received under this paragraph may be
5deposited in the appropriation accounts under s. 20.433 (1) (i), (q) or (r).
This
6paragraph does not apply to moneys received under s. 341.14 (6r) (b) 6.
SB77-SSA1, s. 1734
7Section
1734. 48.982 (2) (g) (intro.) of the statutes is amended to read:
SB77-SSA1,754,98
48.982
(2) (g) (intro.) In coordination with the departments of health and social
9services and
education public instruction:
SB77-SSA1,754,1411
48.982
(2m) Donation uses. (intro.) If money is accepted by the board for the
12children's trust fund or for any other purpose under sub. (2) (d),
except moneys
13received under s. 341.14 (6r) (b) 6., the board shall use the money in accordance with
14the wishes of the donor to do any of the following:
SB77-SSA1,754,2316
48.985
(1) Federal program operations. From the appropriation under s.
1720.435 (3) (n), the department shall expend not more than
$543,700 $273,700 in
each 18fiscal year
1995-96 and not more than $543,700 in fiscal year 1996-97 of the moneys
19received under
42 USC 620 to
626 for the department's expenses in connection with
20administering the expenditure of funds received under
42 USC 620 to
626, for child
21welfare projects and services provided or purchased by the department, and for child
22abuse and neglect independent investigations
and for providing child-at-risk field
23training to counties.
SB77-SSA1, s. 1736
24Section
1736. 48.985 (2) (a) of the statutes is renumbered 48.985 (2) and
25amended to read:
SB77-SSA1,755,7
148.985
(2) Community social and mental hygiene services. From the
2appropriation under s. 20.435 (7) (o), the department shall distribute not more than
3$3,919,800 in each $3,804,000 in fiscal year
1997-98 and not more than $3,734,000
4in fiscal year 1998-99 of the moneys received under
42 USC 620 to
626 to county
5departments under ss. 46.215, 46.22 and 46.23 for the provision or purchase of child
6welfare projects and services, for services to children and families and for
7family-based child welfare services.
SB77-SSA1,755,129
48.985
(3) Community youth and family aids. From the appropriation
account 10under s. 20.410 (3)
(oo) (ko), the department of corrections shall allocate, to county
11departments under ss. 46.215, 46.22 and 46.23 for the provision of services under s.
12301.26, not more than $1,100,000 in each fiscal year.
SB77-SSA1, s. 1738
13Section
1738. 49.025 (2) (a) (intro.) of the statutes is amended to read:
SB77-SSA1,755,1714
49.025
(2) (a) (intro.) If a county is eligible to receive a relief block grant in a
15year, the department shall pay to the county, in accordance with s. 49.031, from the
16appropriation under s. 20.435
(1) (5) (bt), an amount for that year determined as
17follows:
SB77-SSA1, s. 1739
18Section
1739. 49.027 (2) (a) (intro.) of the statutes is amended to read:
SB77-SSA1,755,2219
49.027
(2) (a) (intro.) If a county is eligible to receive a relief block grant in a
20year, the department shall pay to the county, in accordance with s. 49.031, from the
21appropriation under s. 20.435
(1) (5) (bu), an amount for that year determined as
22follows:
SB77-SSA1, s. 1740
23Section
1740. 49.027 (2) (a) 1. d. of the statutes is amended to read:
SB77-SSA1,756,3
149.027
(2) (a) 1. d. The department shall multiply the amount determined
2under subd. 1. c. by the amount appropriated under s. 20.435
(1) (5) (bu) for relief
3block grants for that year.
SB77-SSA1,756,125
49.029
(2) Amount and distribution of relief block grant. From the
6appropriation under s. 20.435
(1) (5) (bs), the department shall distribute a relief
7block grant to each eligible tribal governing body in an amount and in a manner
8determined in accordance with rules promulgated by the department. The
9department shall promulgate the rules after consulting with all tribal governing
10bodies eligible for a relief block grant. In promulgating rules under this section, the
11department shall consider each tribe's economic circumstances and need for health
12care services.
SB77-SSA1,756,20
1449.114 Contract powers of the department. (1) Religious organizations;
15legislative purpose. The purpose of this section is to allow the department to
16contract with, or award grants to, religious organizations, under any program
17administered by the department, on the same basis as any other nongovernmental
18provider without impairing the religious character of such organizations, and
19without diminishing the religious freedom of beneficiaries of assistance funded
20under such program.
SB77-SSA1,757,4
21(2) Nondiscrimination against religious organizations. If the department is
22authorized under ch. 16 to contract with a nongovernmental entity, or is authorized
23to award grants to a nongovernmental entity, religious organizations are eligible, on
24the same basis as any other private organization, as contractors under any program
25administered by the department so long as the programs are implemented consistent
1with the First Amendment of the U.S. Constitution and article I, section 18, of the
2Wisconsin Constitution. Except as provided in sub. (10), the department may not
3discriminate against an organization that is or applies to be a contractor on the basis
4that the organization has a religious character.
SB77-SSA1,757,9
5(3) Religious character and freedom. (a) The department shall allow a
6religious organization with which the department contracts or to which the
7department awards a grant to retain its independence from state and local
8governments, including the organization's control over the definition, development,
9practice and expression of its religious beliefs.