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.
SB77-SSA1,757,1210
(b) The department may not require a religious organization to alter its form
11of internal governance or to remove religious art, icons, scripture or other symbols
12in order to be eligible for a contract or grant.
SB77-SSA1,757,21
13(4) Rights of beneficiaries of assistance. If an individual has an objection to
14the religious character of the organization or institution from which the individual
15receives, or would receive, assistance funded under any program administered by
16the department, the department shall provide such individual, if otherwise eligible
17for such assistance, within a reasonable period of time after the date of the objection
18with assistance from an alternative provider that is accessible to the individual. The
19value of the assistance offered by the alternative provider may not be less than the
20value of the assistance which the individual would have received from the religious
21organization.
SB77-SSA1,757,25
22(5) Employment practices. To the extent permitted under federal law, a
23religious organization's exemption provided under
42 USC 2000e-la regarding
24employment practices is not affected by its participation in, or receipt of funds from,
25programs administered by the department.
SB77-SSA1,758,4
1(6) Nondiscrimination against beneficiaries. A religious organization may not
2discriminate against an individual in regard to rendering assistance funded under
3any program administered by the department on the basis of religion, a religious
4belief or refusal to actively participate in a religious practice.
SB77-SSA1,758,8
5(7) Fiscal accountability. (a) Except as provided in par. (b), any religious
6organization that contracts with, or receives a grant from, the department is subject
7to the same laws and rules as other contractors to account in accord with generally
8accepted auditing principles for the use of such funds provided under such programs.
SB77-SSA1,758,119
(b) If the religious organization segregates funds provided under programs
10administered by the department into separate accounts, then only the financial
11assistance provided with those funds shall be subject to audit.
SB77-SSA1,758,14
12(8) Compliance. Any party that seeks to enforce its rights under this section
13may assert a civil action for injunctive relief against the entity or agency that
14allegedly commits the violation.
SB77-SSA1,758,17
15(9) Limitations on use of funds for certain purposes. No funds provided
16directly to religious organizations by the department may be expended for sectarian
17worship, instruction or proselytization.
SB77-SSA1,758,21
18(10) Preemption. Nothing in this section may be construed to preempt any
19provision of federal law, the U.S. Constitution, the Wisconsin Constitution or any
20other statute that prohibits or restricts the expenditure of federal or state funds in
21or by religious organizations.
SB77-SSA1, s. 1742
22Section
1742. 49.124 (1) of the statutes is renumbered 49.124 (1) (intro.) and
23amended to read:
SB77-SSA1,758,2424
49.124
(1) (title)
Definition Definitions. (intro.) In this section
, "food:
SB77-SSA1,759,2
1(b) "Food stamp program" means the federal food stamp program under
7 USC
22011 to
2029 2036.
SB77-SSA1,759,54
49.124
(1) (ag) "Controlled substance" has the meaning given in
21 USC 802 5(6).
SB77-SSA1,759,77
49.124
(1) (am) "Custodial parent" has the meaning given in s. 49.141 (1) (b).
SB77-SSA1,759,99
49.124
(1) (c) "Noncustodial parent" has the meaning given in s. 49.141 (1) (h).
SB77-SSA1,759,1111
49.124
(1) (d) "Parent" has the meaning given in s. 49.141 (1) (j).
SB77-SSA1,759,1413
49.124
(1) (e) "Wisconsin works employment position" has the meaning given
14in s. 49.141 (1) (r).
SB77-SSA1,759,1716
49.124
(1g) Denial of eligibility. An individual is ineligible to participate in
17the food stamp program in a month that any of the following is true:
SB77-SSA1,759,2518
(a) The individual is a custodial parent of a child who is under the age of 18 and
19who has an absent parent, or the individual lives with and exercises parental control
20over a child who is under the age of 18 and who has an absent parent, and the
21individual does not fully cooperate in efforts directed at establishing the paternity
22of the child, if necessary, and obtaining support payments, if any, or other payments
23or property, if any, to which that individual or the child may have rights. This
24paragraph does not apply if the individual has good cause for refusing to cooperate,
25as determined by the department in accordance with federal law and regulations.