AB100, s. 1673
17Section
1673. 48.72 of the statutes is amended to read:
AB100,751,3
1848.72 Appeal procedure. Any person aggrieved by the department's refusal
19or failure to issue
or, renew
or continue a license or by any action taken by the
20department under s. 48.715 has the right to an administrative hearing provided for
21contested cases in ch. 227. To receive an administrative hearing under ch. 227, the
22aggrieved person shall send to the department a written request for a hearing under
23s. 227.44 within 10 days after the date of the department's refusal or failure to issue
24or, renew
or continue a license or the department's action taken under s. 48.715. The
25department shall hold an administrative hearing under s. 227.44 within 30 days
1after receipt of the request for the administrative hearing unless the aggrieved
2person consents to an extension of that time period. Judicial review of the
3department's decision may be had as provided in ch. 227.
AB100, s. 1674
4Section
1674. 48.72 of the statutes, as affected by 1997 Wisconsin Act .... (this
5act), is repealed and recreated to read:
AB100,751,17
648.72 Appeal procedure. Except as provided in s. 48.715 (6) and (7), any
7person aggrieved by the department's refusal or failure to issue, renew or continue
8a license or by any action taken by the department under s. 48.715 has the right to
9an administrative hearing provided for contested cases in ch. 227. To receive an
10administrative hearing under ch. 227, the aggrieved person shall send to the
11department a written request for a hearing under s. 227.44 within 10 days after the
12date of the department's refusal or failure to issue, renew or continue a license or the
13department's action taken under s. 48.715. The department shall hold an
14administrative hearing under s. 227.44 within 30 days after receipt of the request
15for the administrative hearing unless the aggrieved person consents to an extension
16of that time period. Judicial review of the department's decision may be had as
17provided in ch. 227.
AB100, s. 1675
18Section
1675. 48.735 of the statutes is amended to read:
AB100,751,22
1948.735 Immunization requirements; day care centers. The department,
20after notice to a licensee, may suspend, revoke or refuse to
renew continue a license
21in any case in which the department finds that there has been a substantial failure
22to comply with the requirements of s. 252.04.
AB100, s. 1676
23Section
1676. 48.737 of the statutes is amended to read:
AB100,752,5
2448.737 Lead screening, inspection and reduction requirements; day
25care centers. The department, after notice to a day care provider certified under
1s. 48.651, or a day care center that holds a license under s. 48.65 or a probationary
2license under s. 48.69, may suspend, revoke or refuse to renew
or continue a license
3or certification in any case in which the department finds that there has been a
4substantial failure to comply with any rule promulgated under s. 254.162, 254.168
5or 254.172.
AB100, s. 1677
6Section
1677. 48.745 (2) of the statutes is amended to read:
AB100,752,187
48.745
(2) Any individual may file a formal complaint under this section
8regarding the general operation of a child welfare agency or group home and shall
9not be subject to reprisals for doing so. All formal complaints regarding child welfare
10agencies and group homes shall be filed with the county department on forms
11supplied by the county department unless the county department designates the
12department to receive formal complaints.
A county department shall designate the
13department to receive any formal complaints regarding a child welfare agency
14established by the county board of supervisors under s. 938.22. The county
15department shall investigate or cause to be investigated each formal complaint.
16Records of the results of each investigation and the disposition of each formal
17complaint shall be kept by the county department and filed with the subunit of the
18department which licenses child welfare agencies and group homes.
AB100, s. 1678
19Section
1678. 48.75 (title) of the statutes is amended to read:
AB100,752,22
2048.75 (title)
Foster homes and treatment foster homes licensed by
21county departments public licensing agencies and by child welfare
22agencies.
AB100, s. 1679
23Section
1679. 48.75 (1) of the statutes is renumbered 48.75 (1d) and amended
24to read:
AB100,753,11
148.75
(1d) Child welfare agencies, if licensed to do so by the department, and
2county departments public licensing agencies may license foster homes and
3treatment foster homes under the rules promulgated by the department under s.
448.67 governing the licensing of foster homes and treatment foster homes. A foster
5home or treatment foster home license shall be issued for a term not to exceed 2 years
6from the date of issuance, is not transferable and may be revoked by the child welfare
7agency or by the
county department public licensing agency because the licensee has
8substantially and intentionally violated any provision of this chapter or of the rules
9of the department promulgated pursuant to s. 48.67 or because the licensee fails to
10meet the minimum requirements for a license. The licensee shall be given written
11notice of any revocation and the grounds therefor.
AB100, s. 1680
12Section
1680. 48.75 (1b) of the statutes is created to read:
AB100,753,1413
48.75
(1b) In this section, "public licensing agency" means a county
14department or, in a county having a population of 500,000 or more, the department.
AB100, s. 1681
15Section
1681. 48.75 (1g) (a) (intro.) of the statutes is amended to read:
AB100,753,1916
48.75
(1g) (a) (intro.) A
county department public licensing agency may license
17a foster home only if the foster home is located in the county of the
county department 18public licensing agency, except that a
county department public licensing agency 19may license a foster home located in another county if any of the following applies:
AB100, s. 1682
20Section
1682. 48.75 (1g) (a) 2. of the statutes is amended to read:
AB100,753,2421
48.75
(1g) (a) 2. A foster parent licensed by the
county department public
22licensing agency moves to the other county with a child who has been placed in the
23foster parent's home and the license will allow the foster parent to continue to care
24for that child.
AB100, s. 1683
25Section
1683. 48.75 (1g) (a) 3. of the statutes is amended to read:
AB100,754,2
148.75
(1g) (a) 3. The county of the
county department public licensing agency 2issuing the license and the county in which the foster home is located are contiguous.
AB100, s. 1684
3Section
1684. 48.75 (1g) (a) 4. of the statutes is amended to read:
AB100,754,64
48.75
(1g) (a) 4. The county of the
county department public licensing agency 5issuing the license has a population of 500,000 or more and the placement is for
6adoption under s. 48.833
, 48.835 or 48.837.
AB100, s. 1685
7Section
1685. 48.75 (1g) (c) (intro.) of the statutes is amended to read:
AB100,754,168
48.75
(1g) (c) (intro.) No license may be issued under
this subsection par. (a)
91., 2. or 3. unless the
county department public licensing agency issuing the license
10has notified the
county department public licensing agency of the county in which
11the foster home will be located of its intent to issue the license and the 2
county
12departments public licensing agencies have entered into a written agreement under
13this paragraph. A
county department public licensing agency is not required to enter
14into any agreement under this paragraph allowing the
county department public
15licensing agency of another county to license a foster home within its jurisdiction.
16The written agreement shall include all of the following:
AB100, s. 1686
17Section
1686. 48.75 (1g) (c) 1. of the statutes is amended to read:
AB100,754,2018
48.75
(1g) (c) 1. A statement that the
county department public licensing
19agency issuing the license is responsible for providing services to the child who is
20placed in the foster home, as specified in the agreement.
AB100, s. 1687
21Section
1687. 48.75 (1g) (c) 2. of the statutes is amended to read:
AB100,754,2422
48.75
(1g) (c) 2. A statement that the
county department public licensing
23agency issuing the license is responsible for the costs of the placement and any
24related costs, as specified in the agreement.
AB100, s. 1688
25Section
1688. 48.75 (1g) (d) of the statutes is amended to read:
AB100,755,8
148.75
(1g) (d) If the
county department public licensing agency issuing a
2license under
this subsection par. (a) 1., 2. or 3. violates the agreement under par. (c),
3the
county department public licensing agency of the county in which the foster home
4is located may terminate the agreement and, subject to ss. 48.357 and 48.64, require
5the
county department public licensing agency that issued the license to remove the
6child from the foster home within 30 days after receipt, by the
county department 7public licensing agency that issued the license, of notification of the termination of
8the agreement.
AB100, s. 1689
9Section
1689. 48.75 (1r) of the statutes is amended to read:
AB100,755,1510
48.75
(1r) At the time of initial licensure and license renewal, the child welfare
11agency or
county department public licensing agency issuing a license under sub.
(1) 12(1d) or (1g) shall provide the licensee with written information relating to the
13age-related monthly foster care rates and supplemental payments specified in s.
1448.62 (4), including payment amounts, eligibility requirements for supplemental
15payments and the procedures for applying for supplemental payments.
AB100, s. 1690
16Section
1690. 48.75 (2) of the statutes is amended to read:
AB100,755,2017
48.75
(2) Any foster home or treatment foster home applicant or licensee of a
18county department public licensing agency or a child welfare agency may, if
19aggrieved by the failure to issue or renew its license or by revocation of its license,
20appeal as provided in s. 48.72.
AB100, s. 1691
21Section
1691. 48.78 (2) (d) 5. of the statutes is amended to read:
AB100,755,2322
48.78
(2) (d) 5. On parole under s. 302.11 or ch. 304
or on community
23supervision under s. 302.113 or 302.114.
AB100, s. 1692
24Section
1692. 48.831 (4) (c) of the statutes is amended to read:
AB100,756,5
148.831
(4) (c) If the court finds that adoption is not in the child's best interest,
2the court shall order that the child be placed in the guardianship of the department
3and place the child in the custody of a county department
or, in a county having a
4population of 500,000 or more, the department or an agency under contract with the
5department.
AB100, s. 1693
6Section
1693. 48.832 of the statutes is amended to read:
AB100,756,21
748.832 (title)
Transfer of guardianship upon revocation of guardian's
8license or contract. If the department revokes the license of a county department
9licensed under s. 48.57 (1)
(e) or (hm) to accept guardianship, or of a child welfare
10agency licensed under s. 48.61 (5) to accept guardianship,
or if the department
11terminates the contract of a county department licensed under s. 48.57 (1) (e) to
12accept guardianship, the department shall file a motion in the court that appointed
13the guardian for each child in the guardianship of the county department or agency,
14requesting that the court transfer guardianship and custody of the child. The motion
15may specify a county department or child welfare agency that has consented to
16accept guardianship of the child. The court shall transfer guardianship and custody
17of the child either to the county department or child welfare agency specified in the
18motion or to another county department under s. 48.57 (1) (e) or (hm) or a child
19welfare agency under s. 48.61 (5) which consents to the transfer. If no county
20department or child welfare agency consents, the court shall transfer guardianship
21and custody of the child to the department.
AB100, s. 1694
22Section
1694. 48.837 (4) (d) of the statutes is amended to read:
AB100,757,223
48.837
(4) (d) May, at the request of a petitioning parent, or on its own motion
24after ordering the child taken into custody under s. 48.19 (1) (c), order the
25department or a county department
under s. 48.57 (1) (e) or (hm) to place the child,
1pending the hearing on the petition, in any home licensed under s. 48.62 except the
2home of the proposed adoptive parents or a relative of the proposed adoptive parents.
AB100, s. 1695
3Section
1695. 48.837 (4) (e) of the statutes is amended to read:
AB100,757,124
48.837
(4) (e) Shall, before hearing the petitions under subs. (2) and (3),
5ascertain whether the child's paternity has been adjudicated
or acknowledged in this
6state or another jurisdiction. If any person has filed a declaration of paternal interest
7under s. 48.025, the court shall determine the rights of that person. If the child's
8paternity has not been adjudicated
or acknowledged and if no person has filed a
9declaration under s. 48.025, the court shall attempt to ascertain the paternity of the
10child. The court may not proceed with the hearing on the petitions under this section
11unless the parental rights of the nonpetitioning parent, whether known or unknown,
12have been terminated.
AB100, s. 1696
13Section
1696. 48.839 (4) (b) of the statutes is amended to read:
AB100,757,1614
48.839
(4) (b) Shall transfer legal custody of the child to
the department, in a
15county having a population of 500,000 or more, to a county department or
to a child
16welfare agency licensed under s. 48.60.
AB100, s. 1697
17Section
1697. 48.88 (2) (c) of the statutes is amended to read:
AB100,758,718
48.88
(2) (c) If a stepparent has filed a petition for adoption and no agency has
19guardianship of the child, the court shall order
the department, in a county having
20a population of 500,000 or more, or a county department or, with the consent of the
21department
in a county having a population of less than 500,000 or a licensed child
22welfare agency, order the department or the child welfare agency to conduct a
23screening, consisting of no more than one interview with the petitioner and a check
24of the petitioner's background through public records, including records maintained
25by the department or any county department under s. 48.981. The department,
1county department or child welfare agency that conducts the screening shall file a
2report of the screening with the court within 30 days. After reviewing the report, the
3court may proceed to act on the petition, may order
the department in a county
4having a population of 500,000 or more or the county department to conduct an
5investigation as described under par. (a) (intro.) or may order the department
in a
6county having a population of less than 500,000 or a licensed child welfare agency
7to make the investigation if the department or child welfare agency consents.
AB100, s. 1698
8Section
1698. 48.91 (2) of the statutes is amended to read:
AB100,758,169
48.91
(2) In an adoption proceeding for a nonmarital child who is not adopted
10or whose parents do not subsequently intermarry under s. 767.60, the court shall
11establish whether the rights of any persons who have filed declarations of paternal
12interest under s. 48.025 have been determined or whether paternity has been
13adjudicated
or acknowledged in this state or in another jurisdiction. If the court finds
14that no such determination has been made, the court shall proceed, prior to any
15action on the petition for adoption, to attempt to ascertain the paternity of the child
16and the rights of any person who has filed a declaration under s. 48.025.
AB100, s. 1699
17Section
1699. 48.93 (1d) of the statutes is amended to read:
AB100,758,2118
48.93
(1d) All records and papers pertaining to an adoption proceeding shall
19be kept in a separate locked file and may not be disclosed except under sub. (1g) or
20(1r), s. 46.03 (29), 48.432, 48.433
, 48.48 (17) (a) 9. or 48.57 (1) (j), or by order of the
21court for good cause shown.
AB100, s. 1700
22Section
1700. 48.977 (4) (a) 6. of the statutes is amended to read:
AB100,758,2523
48.977
(4) (a) 6. A county department
under s. 46.22 or 46.23 or, if the child has
24been placed pursuant to an order under ch. 938, a county department under s.
2546.215, 46.22 or 46.23.
AB100, s. 1701
1Section
1701. 48.981 (1) (ag) of the statutes is created to read:
AB100,759,52
48.981
(1) (ag) "Agency" means a county department, the department in a
3county having a population of 500,000 or more or a licensed child welfare agency
4under contract with a county department or the department in a county having a
5population of 500,000 or more to perform investigations under this section.
AB100, s. 1702
6Section
1702. 48.981 (3) (a) of the statutes is amended to read:
AB100,759,207
48.981
(3) (a)
Referral of report. A person required to report under sub. (2) shall
8immediately inform, by telephone or personally, the county department
or, in a
9county having a population of 500,000 or more, the department or a licensed child
10welfare agency under contract with the department or the sheriff or city, village or
11town police department of the facts and circumstances contributing to a suspicion of
12child abuse or neglect or to a belief that abuse or neglect will occur. The sheriff or
13police department shall within 12 hours, exclusive of Saturdays, Sundays or legal
14holidays, refer to the county department
or, in a county having a population of
15500,000 or more, the department or a licensed child welfare agency under contract
16with the department all cases reported to it. The county department
, department
17or licensed child welfare agency may require that a subsequent report be made in
18writing. Each county department
, the department and a licensed child welfare
19agency under contract with the department shall adopt a written policy specifying
20the kinds of reports it will routinely report to local law enforcement authorities.
AB100, s. 1703
21Section
1703. 48.981 (3) (c) 1. of the statutes is amended to read:
AB100,760,2222
48.981
(3) (c) 1. Within 24 hours after receiving a report under par. (a), the
23county department or licensed child welfare agency under contract with the county
24department agency shall, in accordance with the authority granted to the
25department under s. 48.48 (17) (a) 1. or the county department under s. 48.57 (1) (a),
1initiate a diligent investigation to determine if the child is in need of protection or
2services. The investigation shall be conducted in accordance with standards
3established by the department for conducting child abuse and neglect investigations.
4If the investigation is of a report of abuse or neglect or threatened abuse or neglect
5by a caregiver specified in sub. (1) (am) 5. to 8. who continues to have access to the
6child or a caregiver specified in sub. (1) (am) 1. to 4., or of a report that does not
7disclose who is suspected of the abuse or neglect and in which the investigation does
8not disclose who abused or neglected the child, the investigation shall also include
9observation of or an interview with the child, or both, and, if possible, an interview
10with the child's parents, guardian or legal custodian. If the investigation is of a
11report of abuse or neglect or threatened abuse or neglect by a caregiver who continues
12to reside in the same dwelling as the child, the investigation shall also include, if
13possible, a visit to that dwelling. At the initial visit to the child's dwelling, the person
14making the investigation shall identify himself or herself and the
county department
15or licensed child welfare agency involved to the child's parents, guardian or legal
16custodian. The
county department or licensed child welfare agency under contract
17with the county department agency may contact, observe or interview the child at
18any location without permission from the child's parent, guardian or legal custodian
19if necessary to determine if the child is in need of protection or services, except that
20the person making the investigation may enter a child's dwelling only with
21permission from the child's parent, guardian or legal custodian or after obtaining a
22court order to do so.
AB100, s. 1704
23Section
1704. 48.981 (3) (c) 2. a. of the statutes is amended to read:
AB100,761,524
48.981
(3) (c) 2. a. If the person making the investigation is an employe of the
25county department
or, in a county having a population of 500,000 or more, the
1department or a licensed child welfare agency under contract with the department 2and he or she determines that it is consistent with the child's best interest in terms
3of physical safety and physical health to remove the child from his or her home for
4immediate protection, he or she shall take the child into custody under s. 48.08 (2)
5or 48.19 (1) (c) and deliver the child to the intake worker under s. 48.20.
AB100, s. 1705
6Section
1705. 48.981 (3) (c) 3. of the statutes is amended to read:
AB100,761,167
48.981
(3) (c) 3. If the county department
or, in a county having a population
8of 500,000 or more, the department or a licensed child welfare agency under contract
9with the department determines that a child, any member of the child's family or the
10child's guardian or legal custodian is in need of services, the county department
,
11department or licensed child welfare agency shall offer to provide appropriate
12services or to make arrangements for the provision of services. If the child's parent,
13guardian or legal custodian refuses to accept the services, the county department
,
14department or licensed child welfare agency may request that a petition be filed
15under s. 48.13 alleging that the child who is the subject of the report or any other child
16in the home is in need of protection or services.
AB100, s. 1706
17Section
1706. 48.981 (3) (c) 4. of the statutes is amended to read:
AB100,762,718
48.981
(3) (c) 4. The county department
or, in a county having a population of
19500,000 or more, the department or a licensed child welfare agency under contract
20with the department shall determine, within 60 days after receipt of a report,
21whether abuse or neglect has occurred or is likely to occur. The determination shall
22be based on a preponderance of the evidence produced by the investigation. A
23determination that abuse or neglect has occurred may not be based solely on the fact
24that the child's parent, guardian or legal custodian in good faith selects and relies on
25prayer or other religious means for treatment of disease or for remedial care of the
1child. In making a determination that emotional damage has occurred, 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 shall give due
4regard to the culture of the subjects and shall establish that the person alleged to be
5responsible for the emotional damage is neglecting, refusing or unable for reasons
6other than poverty to remedy the harm. This subdivision does not prohibit a court
7from ordering medical services for the child if the child's health requires it.
AB100, s. 1707
8Section
1707. 48.981 (3) (c) 5. of the statutes is amended to read:
AB100,762,159
48.981
(3) (c) 5. The
county department and licensed child welfare agency
10under contract with the county department agency shall maintain a record of its
11actions in connection with each report it receives. The record shall include a
12description of the services provided to any child and to the parents, guardian or legal
13custodian of the child. The
county department and licensed child welfare agency
14under contract with the county department agency shall update the record every 6
15months until the case is closed.
AB100, s. 1708
16Section
1708. 48.981 (3) (c) 6. of the statutes is amended to read:
AB100,762,2117
48.981
(3) (c) 6. The
county department or licensed child welfare agency under
18contract with the county department agency shall, within 60 days after it receives
19a report from a person required under sub. (2) to report, inform the reporter what
20action, if any, was taken to protect the health and welfare of the child who is the
21subject of the report.
AB100, s. 1709
22Section
1709. 48.981 (3) (c) 6m. of the statutes is amended to read:
AB100,763,1623
48.981
(3) (c) 6m. If a person who is not required under sub. (2) to report makes
24a report and is a relative of the child, other than the child's parent, that person may
25make a written request to the
county department or licensed child welfare agency
1under contract with the county department agency for information regarding what
2action, if any, was taken to protect the health and welfare of the child who is the
3subject of the report.
A county department or licensed child welfare An agency that
4receives a written request under this subdivision shall, within 60 days after it
5receives the report or 20 days after it receives the written request, whichever is later,
6inform the reporter in writing of what action, if any, was taken to protect the health
7and welfare of the child, unless a court order prohibits that disclosure, and of the duty
8to keep the information confidential under sub. (7) (e) and the penalties for failing
9to do so under sub. (7) (f). The
county department or licensed child welfare agency
10may petition the court ex parte for an order prohibiting that disclosure and, if the
11county department or licensed child welfare agency does so, the time period within
12which the information must be disclosed is tolled on the date the petition is filed and
13remains tolled until the court issues a decision. The court may hold an ex parte
14hearing in camera and shall issue an order granting the petition if the court
15determines that disclosure of the information would not be in the best interests of the
16child.
AB100, s. 1710
17Section
1710. 48.981 (3) (c) 7. of the statutes is amended to read:
AB100,764,218
48.981
(3) (c) 7. The county department
or, in a county having a population of
19500,000 or more, the department or a licensed child welfare agency under contract
20with the department shall cooperate with law enforcement officials, courts of
21competent jurisdiction, tribal governments and other human
service services 22agencies to prevent, identify and treat child abuse and neglect. The county
23department
or, in a county having a population of 500,000 or more, the department
24or a licensed child welfare agency under contract with the department shall
25coordinate the development and provision of services to abused and neglected
1children and to families where abuse or neglect has occurred or to children and
2families where circumstances justify a belief that abuse or neglect will occur.
AB100, s. 1711
3Section
1711. 48.981 (3) (c) 8. of the statutes is amended to read:
AB100,764,174
48.981
(3) (c) 8. Using the format prescribed by the department, each county
5department shall provide the department with information about each report that
6it the county department receives or that is received by a licensed child welfare
7agency that is under contract with the county department and about each
8investigation
it that the county department or a licensed child welfare agency under
9contract with the county department conducts.
Using the format prescribed by the
10department, a licensed child welfare agency under contract with the department
11shall provide the department with information about each report that the child
12welfare agency receives and about each investigation that the child welfare agency
13conducts. This information shall be used by the department to monitor services
14provided by county departments or licensed child welfare agencies under contract
15with county departments
or the department. The department shall use
16nonidentifying information to maintain statewide statistics on child abuse and
17neglect, and for planning and policy development.
AB100, s. 1712
18Section
1712. 48.981 (3) (c) 9. of the statutes is amended to read:
AB100,764,2019
48.981
(3) (c) 9. The
county agency may petition for child abuse restraining
20orders and injunctions under s. 48.25 (6).
AB100, s. 1713
21Section
1713. 48.981 (3) (cm) of the statutes is amended to read:
AB100,765,422
48.981
(3) (cm)
Contract with licensed child welfare agencies. A county
23department may contract with a licensed child welfare agency to fulfill
its the county
24department's duties specified under par. (c) 1., 2. b., 5., 6., 6m. and 8.
The department
25may contract with a licensed child welfare agency to fulfill the department's duties
1specified under par. (c) 1., 2. a., 3., 4., 5., 6., 6m., 7., 8. and 9. in a county having a
2population of 500,000 or more. The confidentiality provisions specified in sub. (7)
3shall apply to any licensed child welfare agency with which a county department
or
4the department contracts.
AB100, s. 1714
5Section
1714. 48.981 (3) (d) of the statutes is amended to read:
AB100,765,126
48.981
(3) (d)
Independent investigation. 1. In this paragraph, "agent"
7includes, but is not limited to, a foster parent, treatment foster parent or other person
8given custody of a child or a human services professional employed by a county
9department under s. 51.42 or 51.437
or by a child welfare agency who is working with
10the child under contract with or under the supervision of the
department in a county
11having a population of 500,000 or more or a county department under s.
46.215 or 1246.22.
AB100,766,713
2. If an agent or employe of
a county department or licensed child welfare
14agency under contract with the county department an agency required to investigate
15under this subsection is the subject of a report, or if the
county department or
16licensed child welfare agency under contract with the county department agency 17determines that, because of the relationship between the
county department or
18licensed child welfare agency under contract with the county department agency and
19the subject of a report, there is a substantial probability that the
county department
20or licensed child welfare agency under contract with the county department agency 21would not conduct an unbiased investigation, the
county department or licensed
22child welfare agency under contract with the county department
agency shall, after
23taking any action necessary to protect the child, notify the department. Upon receipt
24of the notice, the department
, in a county having a population of less than 500,000 25or a county department or child welfare agency designated by the department
in any
1county shall conduct an independent investigation. If the department designates a
2county department under s.
46.215, 46.22, 46.23, 51.42 or 51.437, that county
3department shall conduct the independent investigation. If a licensed child welfare
4agency agrees to conduct the independent investigation, the department may
5designate
that the child welfare agency to do so. The powers and duties of the
6department or designated county department or child welfare agency making an
7independent investigation are those given to county departments under par. (c).
AB100, s. 1715
8Section
1715. 48.981 (5) of the statutes is amended to read:
AB100,766,179
48.981
(5) Coroner's report. Any person or official required to report cases of
10suspected child abuse or neglect who has reasonable cause to suspect that a child
11died as a result of child abuse or neglect shall report the fact to the appropriate
12medical examiner or coroner. The medical examiner or coroner shall accept the
13report for investigation and shall report the findings to the appropriate district
14attorney
,; to the department
, or, in a county having a population of 500,000 or more,
15to a licensed child welfare agency under contract with the department; to the county
16department and, if the institution making the report initially is a hospital, to the
17hospital.
AB100, s. 1716
18Section
1716. 48.981 (7) (a) (intro.) of the statutes is amended to read: