AB100: Bill Text Engrossed

AB100-engrossed, s. 1706 Section 1706. 48.981 (3) (c) 4. of the statutes is amended to read:

AB100-engrossed,819,2 48.981 (3) (c) 4. 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 determine, within 60 days after receipt of a report, whether abuse or neglect has occurred or is likely to occur. The determination shall be based on a preponderance of the evidence produced by the investigation. A determination that abuse or neglect has occurred may not be based solely on the fact that the child's parent, guardian or legal custodian in good faith selects and relies on prayer or other religious means for treatment of disease or for remedial care of the child. In making a determination that emotional damage has occurred, 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 give due regard to the culture of the subjects and shall establish that the person alleged to be responsible for the emotional damage is neglecting, refusing or unable for reasons other than poverty to remedy the harm. This subdivision does not prohibit a court from ordering medical services for the child if the child's health requires it.

AB100-engrossed, s. 1707 Section 1707. 48.981 (3) (c) 5. of the statutes is amended to read:

AB100-engrossed,819,10 48.981 (3) (c) 5. The county department and licensed child welfare agency under contract with the county department agency shall maintain a record of its actions in connection with each report it receives. The record shall include a description of the services provided to any child and to the parents, guardian or legal custodian of the child. The county department and licensed child welfare agency under contract with the county department agency shall update the record every 6 months until the case is closed.

AB100-engrossed, s. 1708 Section 1708. 48.981 (3) (c) 6. of the statutes is amended to read:

AB100-engrossed,819,16 48.981 (3) (c) 6. The county department or licensed child welfare agency under contract with the county department agency shall, within 60 days after it receives a report from a person required under sub. (2) to report, inform the reporter what action, if any, was taken to protect the health and welfare of the child who is the subject of the report.

AB100-engrossed, s. 1709 Section 1709. 48.981 (3) (c) 6m. of the statutes is amended to read:

AB100-engrossed,820,11 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, that person may make a written request to the county department or licensed child welfare agency under contract with the county department agency 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. A county department or licensed child welfare 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, 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 county department or licensed child welfare agency may petition the court ex parte for an order prohibiting that disclosure and, if the county department or licensed child welfare 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.

AB100-engrossed, s. 1710 Section 1710. 48.981 (3) (c) 7. of the statutes is amended to read:

AB100-engrossed,820,22 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 service services agencies to prevent, identify and treat child abuse and neglect. 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 families where abuse or neglect has occurred or to children and families where circumstances justify a belief that abuse or neglect will occur.

AB100-engrossed, s. 1711 Section 1711. 48.981 (3) (c) 8. of the statutes is amended to read:

AB100-engrossed,821,12 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 it 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 it 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 for planning and policy development.

AB100-engrossed, s. 1712 Section 1712. 48.981 (3) (c) 9. of the statutes is amended to read:

AB100-engrossed,821,15 48.981 (3) (c) 9. The county agency may petition for child abuse restraining orders and injunctions under s. 48.25 (6).

AB100-engrossed, s. 1713 Section 1713. 48.981 (3) (cm) of the statutes is amended to read:

AB100-engrossed,821,24 48.981 (3) (cm) Contract with licensed child welfare agencies. A county department may contract with a licensed child welfare agency to fulfill its the county department's duties specified under par. (c) 1., 2. b., 5., 6., 6m. and 8. The department may contract with a licensed child welfare agency to fulfill the department's duties specified under par. (c) 1., 2. a., 3., 4., 5., 6., 6m., 7., 8. and 9. in a county having a population of 500,000 or more. The confidentiality provisions specified in sub. (7) shall apply to any licensed child welfare agency with which a county department or the department contracts.

AB100-engrossed, s. 1714 Section 1714. 48.981 (3) (d) of the statutes is amended to read:

AB100-engrossed,822,7 48.981 (3) (d) Independent investigation. 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 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. 46.215 or 46.22.

AB100-engrossed,823,2 2. If an agent or employe of a county department or licensed child welfare agency under contract with the county department an agency required to investigate under this subsection is the subject of a report, or if the county department or licensed child welfare agency under contract with the county department agency determines that, because of the relationship between the county department or licensed child welfare agency under contract with the county department agency and the subject of a report, there is a substantial probability that the county department or licensed child welfare agency under contract with the county department agency would not conduct an unbiased investigation, the county department or licensed child welfare agency under contract with the county department agency shall, after taking any action necessary to protect the 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. 46.215, 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 that 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).

AB100-engrossed, s. 1715 Section 1715. 48.981 (5) of the statutes is amended to read:

AB100-engrossed,823,12 48.981 (5) Coroner's report. Any person or official required to report cases of suspected child abuse or neglect who has reasonable cause to suspect that a child died as a result of child abuse or neglect shall report the fact to the appropriate medical examiner or coroner. The medical examiner or coroner shall accept the report for investigation and shall report the findings to the appropriate district attorney,; to the department, or, in a county having a population of 500,000 or more, to a licensed child welfare agency under contract with the department; to the county department and, if the institution making the report initially is a hospital, to the hospital.

AB100-engrossed, s. 1716 Section 1716. 48.981 (7) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,823,18 48.981 (7) (a) (intro.) All reports made under this section, notices provided under sub. (3) (bm) and records maintained by the department, county departments or licensed child welfare agencies under contract with the county departments an agency and other persons, officials and institutions shall be confidential. Reports and records may be disclosed only to the following persons:

AB100-engrossed, s. 1717 Section 1717. 48.981 (7) (a) 1m. of the statutes is amended to read:

AB100-engrossed,824,2 48.981 (7) (a) 1m. A reporter described in sub. (3) (c) 6m. who makes a written request to the county department or licensed child welfare agency under contract with the county department an agency 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, 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 who is the subject of the report.

AB100-engrossed, s. 1718 Section 1718. 48.981 (7) (a) 2. of the statutes is amended to read:

AB100-engrossed,824,6 48.981 (7) (a) 2. Appropriate staff of the department, a county department or licensed child welfare agency under contract with the county departments, an agency or a tribal social services department.

AB100-engrossed, s. 1719 Section 1719. 48.981 (7) (a) 5. of the statutes is amended to read:

AB100-engrossed,824,12 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 under contract with or under the supervision of the county department under s. 46.215 or 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.

AB100-engrossed, s. 1720 Section 1720. 48.981 (7) (a) 6. of the statutes is amended to read:

AB100-engrossed,824,16 48.981 (7) (a) 6. A multidisciplinary child abuse and neglect 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.

AB100-engrossed, s. 1721 Section 1721. 48.981 (7) (a) 6m. of the statutes is amended to read:

AB100-engrossed,824,23 48.981 (7) (a) 6m. A person employed by a child advocacy center 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 services for which the center is recognized by the county board or, the county department, the department or the licensed child welfare agency.

AB100-engrossed, s. 1722 Section 1722. 48.981 (7) (a) 8. of the statutes is amended to read:

AB100-engrossed,825,2 48.981 (7) (a) 8. A law enforcement officer or law enforcement agency or a district attorney for purposes of investigation or prosecution.

AB100-engrossed, s. 1723 Section 1723. 48.981 (7) (a) 11. of the statutes is amended to read:

AB100-engrossed,825,7 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.

AB100-engrossed, s. 1724 Section 1724. 48.981 (7) (a) 11r. of the statutes is amended to read:

AB100-engrossed,825,15 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 for which the court-appointed special advocate program is recognized by the county board or, county department or department.

AB100-engrossed, s. 1725 Section 1725. 48.981 (7) (a) 13. of the statutes is amended to read:

AB100-engrossed,825,19 48.981 (7) (a) 13. The department, a county department under s. 48.57 (1) (e) or (hm) or a licensed child welfare agency ordered to conduct a screening or an investigation of a stepparent under s. 48.88 (2) (c).

AB100-engrossed, s. 1726 Section 1726. 48.981 (7) (a) 15. of the statutes is amended to read:

AB100-engrossed,825,23 48.981 (7) (a) 15. A child fatality review 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.

AB100-engrossed, s. 1727 Section 1727. 48.981 (7) (cm) of the statutes is amended to read:

AB100-engrossed,826,2 48.981 (7) (cm) A county An agency may disclose information from its records for use in proceedings under s. 48.25 (6), 813.122 or 813.125.

AB100-engrossed, s. 1728 Section 1728. 48.981 (7) (d) of the statutes is amended to read:

AB100-engrossed,826,6 48.981 (7) (d) The department may have access to any report or record maintained by a county department or licensed child welfare agency under contract with a county department an agency under this section.

AB100-engrossed, s. 1729 Section 1729. 48.981 (8) (a) of the statutes is amended to read:

AB100-engrossed,826,21 48.981 (8) (a) The department and, 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, 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. The department and , 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.

AB100-engrossed, s. 1730 Section 1730. 48.981 (8) (c) of the statutes is amended to read:

AB100-engrossed,827,4 48.981 (8) (c) In meeting its responsibilities under par. (a) or (b), the department or, 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 or, county department or licensed child welfare agency shall give priority to parental organizations combating child abuse and neglect.

AB100-engrossed, s. 1731 Section 1731. 48.981 (8) (d) 1. of the statutes is amended to read:

AB100-engrossed,827,11 48.981 (8) (d) 1. Each county department or licensed child welfare agency under contract with a county department agency staff member and supervisor whose responsibilities include investigation or treatment of child abuse and neglect shall successfully complete training in child abuse and neglect protective services approved by the department. The department shall monitor compliance with this subdivision according to rules promulgated by the department.

AB100-engrossed, s. 1732 Section 1732. 48.981 (8) (d) 2. of the statutes is amended to read:

AB100-engrossed,827,17 48.981 (8) (d) 2. Each year the department shall make available training programs that permit intake workers and county department or licensed child welfare agency under contract with a county department agency staff members and supervisors to satisfy the requirements under subd. 1. and s. 48.06 (1) (am) 3. and (2) (c).

AB100-engrossed, s. 1733 Section 1733. 48.981 (10) of the statutes is amended to read:

AB100-engrossed,827,21 48.981 (10) Current list of tribal agents. The department shall annually provide to each county department agency described in sub. (3) (bm) (intro.) a current list of all tribal agents in the state.

AB100-engrossed, s. 1733m Section 1733m. 48.982 (2) (d) of the statutes is amended to read:

AB100-engrossed,828,2 48.982 (2) (d) Solicit and accept contributions, grants, gifts and bequests for the children's trust fund or for any other purpose for which a contribution, grant, gift or bequest is made and received. Moneys received under this paragraph may be deposited in the appropriation accounts under s. 20.433 (1) (i), (q) or (r). This paragraph does not apply to moneys received under s. 341.14 (6r) (b) 6.

AB100-engrossed, s. 1734 Section 1734. 48.982 (2) (g) (intro.) of the statutes is amended to read:

AB100-engrossed,828,5 48.982 (2) (g) (intro.) In coordination with the departments of health and social services and education public instruction:

AB100-engrossed, s. 1734m Section 1734m. 48.982 (2m) (intro.) of the statutes is amended to read:

AB100-engrossed,828,10 48.982 (2m) Donation uses. (intro.) If money is accepted by the board for the children's trust fund or for any other purpose under sub. (2) (d), except moneys received under s. 341.14 (6r) (b) 6., the board shall use the money in accordance with the wishes of the donor to do any of the following:

AB100-engrossed, s. 1735 Section 1735. 48.985 (1) of the statutes is amended to read:

AB100-engrossed,828,19 48.985 (1) Federal program operations. From the appropriation under s. 20.435 (3) (n), the department shall expend not more than $543,700 $273,700 in each fiscal year 1995-96 and not more than $543,700 in fiscal year 1996-97 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, for child welfare projects and services provided or purchased by the department, and for child abuse and neglect independent investigations and for providing child-at-risk field training to counties.

AB100-engrossed, s. 1736 Section 1736. 48.985 (2) (a) of the statutes is renumbered 48.985 (2) and amended to read:

AB100-engrossed,829,3 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 $3,919,800 in each $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 and for family-based child welfare services.

AB100-engrossed, s. 1737 Section 1737. 48.985 (3) of the statutes is amended to read:

AB100-engrossed,829,8 48.985 (3) Community youth and family aids. From the appropriation account under s. 20.410 (3) (oo) (ko), the department of corrections shall allocate, to county departments under ss. 46.215, 46.22 and 46.23 for the provision of services under s. 301.26, not more than $1,100,000 in each fiscal year.

AB100-engrossed, s. 1738 Section 1738. 49.025 (2) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,829,13 49.025 (2) (a) (intro.) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (1) (5) (bt), an amount for that year determined as follows:

AB100-engrossed, s. 1739 Section 1739. 49.027 (2) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,829,18 49.027 (2) (a) (intro.) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (1) (5) (bu), an amount for that year determined as follows:

AB100-engrossed, s. 1740 Section 1740. 49.027 (2) (a) 1. d. of the statutes is amended to read:

AB100-engrossed,829,22 49.027 (2) (a) 1. d. The department shall multiply the amount determined under subd. 1. c. by the amount appropriated under s. 20.435 (1) (5) (bu) for relief block grants for that year.

AB100-engrossed, s. 1741 Section 1741. 49.029 (2) of the statutes is amended to read:

AB100-engrossed,830,6 49.029 (2) Amount and distribution of relief block grant. From the appropriation under s. 20.435 (1) (5) (bs), the department shall distribute a relief block grant to each eligible tribal governing body in an amount and in a manner determined in accordance with rules promulgated by the department. The department shall promulgate the rules after consulting with all tribal governing bodies eligible for a relief block grant. In promulgating rules under this section, the department shall consider each tribe's economic circumstances and need for health care services.

AB100-engrossed, s. 1741m Section 1741m. 49.114 of the statutes is created to read:

AB100-engrossed,830,14 49.114 Contract powers of the department. (1) Religious organizations; legislative purpose. The purpose of this section is to allow the department to contract with, or award grants to, religious organizations, under any program administered by the department, on the same basis as any other nongovernmental provider without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program.

AB100-engrossed,830,23 (2) Nondiscrimination against religious organizations. If the department is authorized under ch. 16 to contract with a nongovernmental entity, or is authorized to award grants to a nongovernmental entity, religious organizations are eligible, on the same basis as any other private organization, as contractors under any program administered by the department so long as the programs are implemented consistent with the First Amendment of the U.S. Constitution and article I, section 18, of the Wisconsin Constitution. Except as provided in sub. (10), the department may not discriminate against an organization that is or applies to be a contractor on the basis that the organization has a religious character.

AB100-engrossed,831,3 (3) Religious character and freedom. (a) The department shall allow a religious organization with which the department contracts or to which the department awards a grant to retain its independence from state and local governments, including the organization's control over the definition, development, practice and expression of its religious beliefs.

AB100-engrossed,831,6 (b) The department may not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture or other symbols in order to be eligible for a contract or grant.

AB100-engrossed,831,15 (4) Rights of beneficiaries of assistance. If an individual has an objection to the religious character of the organization or institution from which the individual receives, or would receive, assistance funded under any program administered by the department, the department shall provide such individual, if otherwise eligible for such assistance, within a reasonable period of time after the date of the objection with assistance from an alternative provider that is accessible to the individual. The value of the assistance offered by the alternative provider may not be less than the value of the assistance which the individual would have received from the religious organization.

AB100-engrossed,831,19 (5) Employment practices. To the extent permitted under federal law, a religious organization's exemption provided under 42 USC 2000e-la regarding employment practices is not affected by its participation in, or receipt of funds from, programs administered by the department.

AB100-engrossed,831,23 (6) Nondiscrimination against beneficiaries. A religious organization may not discriminate against an individual in regard to rendering assistance funded under any program administered by the department on the basis of religion, a religious belief or refusal to actively participate in a religious practice.

AB100-engrossed,832,2 (7) Fiscal accountability. (a) Except as provided in par. (b), any religious organization that contracts with, or receives a grant from, the department is subject to the same laws and rules as other contractors to account in accord with generally accepted auditing principles for the use of such funds provided under such programs.

AB100-engrossed,832,5 (b) If the religious organization segregates funds provided under programs administered by the department into separate accounts, then only the financial assistance provided with those funds shall be subject to audit.

AB100-engrossed,832,8 (8) Compliance. Any party that seeks to enforce its rights under this section may assert a civil action for injunctive relief against the entity or agency that allegedly commits the violation.

AB100-engrossed,832,11 (9) Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the department may be expended for sectarian worship, instruction or proselytization.