AB463-engrossed,115,2119
48.981
(3) (b) 2. If the investigating officer has reason under s. 48.19 (1) (c)
or
20(cm) or (d) 5.
or 8. to take a child into custody, the investigating officer shall take the
21child into custody and deliver the child to the intake worker under s. 48.20.
AB463-engrossed,116,223
48.981
(3) (b) 2m. If the investigating officer has reason under s. 48.193 (1) (c)
24or (d) 2. to take the adult expectant mother of an unborn child into custody, the
1investigating officer shall take the adult expectant mother into custody and deliver
2the adult expectant mother to the intake worker under s. 48.203.
AB463-engrossed,116,134
48.981
(3) (bm)
Notice of report to Indian tribal agent. (intro.) In a county
5which has wholly or partially within its boundaries a federally recognized Indian
6reservation or a bureau of Indian affairs service area for the
Winnebago Ho-Chunk 7tribe, if a county department which receives a report under par. (a) pertaining to a
8child
or unborn child knows that
he or she the child is an Indian child who resides
9in the county
or that the unborn child is an Indian unborn child whose expectant
10mother resides in the county, the county department shall provide notice, which shall
11consist only of the name and address of the child
or expectant mother and the fact
12that a report has been received about that child
or unborn child, within 24 hours to
13one of the following:
AB463-engrossed,116,1815
48.981
(3) (bm) 1. If the county department knows with which tribe or band the
16child is affiliated
, or with which tribe or band the unborn child, when born, may be
17eligible for affiliation, and it is a Wisconsin tribe or band, the tribal agent of that tribe
18or band.
AB463-engrossed,116,2420
48.981
(3) (bm) 2. If the county department does not know with which tribe or
21band the child is affiliated
, or with which tribe or band the unborn child, when born,
22may be eligible for affiliation, or the child
or expectant mother is not affiliated with
23a Wisconsin tribe or band, the tribal agent serving the reservation or
Winnebago 24Ho-Chunk service area where the child
or expectant mother resides.
AB463-engrossed,117,2
148.981
(3) (bm) 3. If neither subd. 1. nor 2. applies, any tribal agent serving a
2reservation or
Winnebago Ho-Chunk service area in the county.
AB463-engrossed,118,44
48.981
(3) (c) 1. Within 24 hours after receiving a report under par. (a), the
5county department or licensed child welfare agency under contract with the county
6department shall, in accordance with the authority granted to the county
7department under s. 48.57 (1) (a), initiate a diligent investigation to determine if the
8child
or unborn child is in need of protection or services. The investigation shall be
9conducted in accordance with standards established by the department for
10conducting child abuse and neglect investigations
or unborn child abuse
11investigations. If the investigation is of a report of abuse or neglect or threatened
12abuse or neglect by a caregiver specified in sub. (1) (am) 5. to 8. who continues to have
13access to the child or a caregiver specified in sub. (1) (am) 1. to 4., or of a report that
14does not disclose who is suspected of the abuse or neglect and in which the
15investigation does not disclose who abused or neglected the child, the investigation
16shall also include observation of or an interview with the child, or both, and, if
17possible, an interview with the child's parents, guardian or legal custodian. If the
18investigation is of a report of abuse or neglect or threatened abuse or neglect by a
19caregiver who continues to reside in the same dwelling as the child, the investigation
20shall also include, if possible, a visit to that dwelling. At the initial visit to the child's
21dwelling, the person making the investigation shall identify himself or herself and
22the county department or licensed child welfare agency involved to the child's
23parents, guardian or legal custodian. The county department or licensed child
24welfare agency under contract with the county department may contact, observe or
25interview the child at any location without permission from the child's parent,
1guardian or legal custodian if necessary to determine if the child is in need of
2protection or services, except that the person making the investigation may enter a
3child's dwelling only with permission from the child's parent, guardian or legal
4custodian or after obtaining a court order to do so.
AB463-engrossed,118,126
48.981
(3) (c) 2m. a. If the person making the investigation is an employe of the
7county department and he or she determines that it is consistent with the best
8interest of the unborn child in terms of physical safety and physical health to take
9the expectant mother into custody for the immediate protection of the unborn child,
10he or she shall take the expectant mother into custody under s. 48.08 (2), 48.19 (1)
11(cm) or 48.193 (1) (c) and deliver the expectant mother to the intake worker under
12s. 48.20 or 48.203.
AB463-engrossed,118,1913
b. If the person making the investigation is an employe of a licensed child
14welfare agency which is under contract with the county department and he or she
15determines that any unborn child requires immediate protection, he or she shall
16notify the county department of the circumstances and together with an employe of
17the county department shall take the expectant mother of the unborn child into
18custody under s. 48.08 (2), 48.19 (1) (cm) or 48.193 (1) (c) and deliver the expectant
19mother to the intake worker under s. 48.20 or 48.203.
AB463-engrossed,119,521
48.981
(3) (c) 3. If the county department determines that a child, any member
22of the child's family or the child's guardian or legal custodian is in need of services
23or that the expectant mother of an unborn child is in need of services, the county
24department shall offer to provide appropriate services or to make arrangements for
25the provision of services. If the child's parent, guardian or legal custodian
or the
1expectant mother refuses to accept the services, the county department may request
2that a petition be filed under s. 48.13 alleging that the child who is the subject of the
3report or any other child in the home is in need of protection or services
or that a
4petition be filed under s. 48.133 alleging that the unborn child who is the subject of
5the report is in need of protection or services.
AB463-engrossed,119,137
48.981
(3) (c) 5. The county department and licensed child welfare agency
8under contract with the county department shall maintain a record of its actions in
9connection with each report it receives. The record shall include a description of the
10services provided to any child and to the parents, guardian or legal custodian of the
11child
or to any expectant mother of an unborn child. The county department and
12licensed child welfare agency under contract with the county department shall
13update the record every 6 months until the case is closed.
AB463-engrossed,119,1915
48.981
(3) (c) 6. The county department or licensed child welfare agency under
16contract with the county department shall, within 60 days after it receives a report
17from a person required under sub. (2) to report, inform the reporter what action, if
18any, was taken to protect the health and welfare of the child
or unborn child who is
19the subject of the report.
AB463-engrossed,120,1521
48.981
(3) (c) 6m. If a person who is not required under sub. (2) to report makes
22a report and is a relative of the child, other than the child's parent,
or is a relative
23of the expectant mother of the unborn child, that person may make a written request
24to the county department or licensed child welfare agency under contract with the
25county department for information regarding what action, if any, was taken to
1protect the health and welfare of the child
or unborn child who is the subject of the
2report. A county department or licensed child welfare agency that receives a written
3request under this subdivision shall, within 60 days after it receives the report or 20
4days after it receives the written request, whichever is later, inform the reporter in
5writing of what action, if any, was taken to protect the health and welfare of the child
6or unborn child, unless a court order prohibits that disclosure, and of the duty to keep
7the information confidential under sub. (7) (e) and the penalties for failing to do so
8under sub. (7) (f). The county department or licensed child welfare agency may
9petition the court ex parte for an order prohibiting that disclosure and, if the county
10department or licensed child welfare agency does so, the time period within which
11the information must be disclosed is tolled on the date the petition is filed and
12remains tolled until the court issues a decision. The court may hold an ex parte
13hearing in camera and shall issue an order granting the petition if the court
14determines that disclosure of the information would not be in the best interests of the
15child
or unborn child.
AB463-engrossed,121,217
48.981
(3) (c) 7. The county department shall cooperate with law enforcement
18officials, courts of competent jurisdiction, tribal governments and other human
19service agencies to prevent, identify and treat child abuse and neglect
and unborn
20child abuse. The county department shall coordinate the development and provision
21of services to abused and neglected children
and, to abused unborn children, to
22families
where in which child abuse or neglect has occurred
or, to expectant mothers
23who have abused their unborn children, to children and families
where when 24circumstances justify a belief that
child abuse or neglect will occur
and to the
1expectant mothers of unborn children when circumstances justify a belief that
2unborn child abuse will occur.
AB463-engrossed,121,134
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 receives or that is received by a licensed child welfare agency that is under contract
7with the county department and about each investigation it or a licensed child
8welfare agency under contract with the county department conducts. This
9information shall be used by the department to monitor services provided by county
10departments or licensed child welfare agencies under contract with county
11departments. The department shall use nonidentifying information to maintain
12statewide statistics on child abuse and neglect
and on unborn child abuse, and for
13planning and policy development
purposes.
AB463-engrossed,121,2015
48.981
(3) (d) 1. In this paragraph, "agent" includes, but is not limited to, a
16foster parent, treatment foster parent or other person given custody of a child or a
17human services professional employed by a county department under s. 51.42 or
1851.437 who is working with
the a child
or expectant mother of an unborn child under
19contract with or under the supervision of the county department under s. 46.215 or
2046.22.
AB463-engrossed,122,1522
48.981
(3) (d) 2. If an agent or employe of a county department or licensed child
23welfare agency under contract with the county department required to investigate
24under this subsection is the subject of a report, or if the county department or
25licensed child welfare agency under contract with the county department determines
1that, because of the relationship between the county department or licensed child
2welfare agency under contract with the county department and the subject of a
3report, there is a substantial probability that the county department or licensed child
4welfare agency under contract with the county department would not conduct an
5unbiased investigation, the county department or licensed child welfare agency
6under contract with the county department shall, after taking any action necessary
7to protect the child
or unborn child, notify the department. Upon receipt of the notice,
8the department or a county department or child welfare agency designated by the
9department shall conduct an independent investigation. If the department
10designates a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, that
11county department shall conduct the independent investigation. If a licensed child
12welfare agency agrees to conduct the independent investigation, the department
13may designate that agency to do so. The powers and duties of the department or
14designated county department or child welfare agency making an independent
15investigation are those given to county departments under par. (c).
AB463-engrossed,122,2417
48.981
(4) Immunity from liability.
(a) Any person or institution participating
18in good faith in the making of a report, conducting an investigation, ordering or
19taking of photographs or ordering or performing medical examinations of a child
or
20of an expectant mother under this section shall have immunity from any liability,
21civil or criminal, that results by reason of the action. For the purpose of any
22proceeding, civil or criminal, the good faith of any person reporting under this section
23shall be presumed. The immunity provided under this subsection does not apply to
24liability for abusing or neglecting a child
or for abusing an unborn child.
AB463-engrossed,123,5
1(b) Any person who fails to report abuse of an unborn child based on a good faith
2evaluation, including evaluation of information provided by the expectant mother,
3shall have immunity from any liability, civil or criminal, that results from the failure
4to report. For the purpose of any proceeding, civil or criminal, the good faith of any
5person failing to report shall be presumed.
AB463-engrossed,123,147
48.981
(7) (a) 1m. A reporter described in sub. (3) (c) 6m. who makes a written
8request to the county department or licensed child welfare agency under contract
9with the county department for information regarding what action, if any, was taken
10to protect the health and welfare of the child
or unborn child who is the subject of the
11report, unless a court order under sub. (3) (c) 6m. prohibits disclosure of that
12information to that reporter, except that the only information that may be disclosed
13is information in the record regarding what action, if any, was taken to protect the
14health and welfare of the child
or unborn child who is the subject of the report.
AB463-engrossed,123,1816
48.981
(7) (a) 3m. A child's parent, guardian or legal custodian
or the expectant
17mother of an unborn child, except that the person or agency maintaining the record
18or report may not disclose any information that would identify the reporter.
AB463-engrossed,123,2420
48.981
(7) (a) 4. A child's foster parent, treatment foster parent or other person
21having physical custody of the child
or a person having physical custody of the
22expectant mother of an unborn child, except that the person or agency maintaining
23the record or report may not disclose any information that would identify the
24reporter.
AB463-engrossed,124,4
148.981
(7) (a) 5. A professional employe of a county department under s. 51.42
2or 51.437 who is working with the child
or the expectant mother of the unborn child 3under contract with or under the supervision of the county department under s.
446.215 or 46.22.
AB463-engrossed,124,76
48.981
(7) (a) 6. A multidisciplinary child abuse and neglect
or unborn child
7abuse team recognized by the county department.
AB463-engrossed,124,139
48.981
(7) (a) 10. A court conducting proceedings under s. 48.21
or 48.213, a
10court conducting proceedings related to a petition under s. 48.13
, 48.133 or 48.42 or
11a court conducting dispositional proceedings under subch. VI or VIII in which abuse
12or neglect of the child who is the subject of the report or record
or abuse of the unborn
13child who is the subject of the report or record is an issue.
AB463-engrossed,124,2015
48.981
(7) (a) 10m. A tribal court, or other adjudicative body authorized by a
16tribe or band to perform child welfare functions, that exercises jurisdiction over
17children
and unborn children alleged to be in need of protection or services for use
18in proceedings in which abuse or neglect of the child who is the subject of the report
19or record
or abuse of the unborn child who is the subject of the report or record is an
20issue.
AB463-engrossed,125,222
48.981
(7) (a) 11. The county corporation counsel or district attorney
23representing the interests of the public
and in proceedings under subd. 10., 10g. or
2410j., the counsel or guardian ad litem representing the interests of a child in
1proceedings under subd. 10., 10g
. or 10j
. and the guardian ad litem representing the
2interests of an unborn child in proceedings under subd. 10.
AB463-engrossed,125,74
48.981
(7) (a) 11m. An attorney representing the interests of an Indian tribe
5or band
or in proceedings under subd. 10m. or 10r., of an Indian child in proceedings
6under subd. 10m. or 10r
. or of an Indian unborn child in proceedings under subd.
710m.
AB463-engrossed,125,149
48.981
(7) (a) 11r. A volunteer appointed or person employed by a
10court-appointed special advocate program recognized by the county board or the
11county department, to the extent necessary to perform the advocacy services in
12proceedings related to a petition under s. 48.13
or 48.133 for which the
13court-appointed special advocate program is recognized by the county board or
14county department.
AB463-engrossed,125,1916
48.981
(7) (a) 17. A federal agency, state agency of this state or any other state
17or local governmental unit located in this state or any other state that has a need for
18a report or record in order to carry out its responsibility to protect children from
19abuse or neglect
or to protect unborn children from abuse.
AB463-engrossed,126,521
48.981
(8) (a) The department and county departments to the extent feasible
22shall conduct continuing education and training programs for staff of the
23department, county departments and tribal social services departments, persons
24and officials required to report, the general public and others as appropriate. The
25programs shall be designed to encourage reporting of child abuse and neglect
and of
1unborn child abuse, to encourage self-reporting and voluntary acceptance of services
2and to improve communication, cooperation and coordination in the identification,
3prevention and treatment of child abuse and neglect
and of unborn child abuse. The
4department and county departments shall develop public information programs
5about child abuse and neglect
and about unborn child abuse.
AB463-engrossed,126,137
48.981
(8) (b) The department shall to the extent feasible ensure that there are
8available in the state administrative procedures, personnel trained in child abuse
9and neglect
and in unborn child abuse, multidisciplinary programs and operational
10procedures and capabilities to deal effectively with child abuse and neglect cases
and
11with unborn child abuse cases. These procedures and capabilities may include, but
12are not limited to, receipt, investigation and verification of reports; determination of
13treatment or ameliorative social services; or referral to the appropriate court.
AB463-engrossed,126,1915
48.981
(8) (c) In meeting its responsibilities under par. (a) or (b), the
16department or a county department may contract with any public or private
17organization which meets the standards set by the department. In entering into the
18contracts the department or county department shall give priority to parental
19organizations combating child abuse and neglect
or unborn child abuse.
AB463-engrossed,127,221
48.981
(8) (d) 1. Each county department or licensed child welfare agency
22under contract with a county department staff member and supervisor whose
23responsibilities include investigation or treatment of child abuse and neglect
or of
24unborn child abuse shall successfully complete training in child abuse and neglect
25protective services
and in unborn child abuse protective services approved by the
1department. The department shall monitor compliance with this subdivision
2according to rules promulgated by the department.
AB463-engrossed,127,124
48.981
(9) Annual reports. Annually, the department shall prepare and
5transmit to the governor, and to the legislature under s. 13.172 (2), a report on the
6status of child abuse and neglect programs
and on the status of unborn child abuse
7programs. The report shall include a full statistical analysis of the child abuse and
8neglect reports
, and the unborn child abuse reports, made through the last calendar
9year, an evaluation of services offered under this section and their effectiveness, and
10recommendations for additional legislative and other action to fulfill the purpose of
11this section. The department shall provide statistical breakdowns by county, if
12requested by a county.
AB463-engrossed,127,2114
48.985
(1) Federal program operations. From the appropriation under s.
1520.435 (3) (n), the department shall expend not more than $543,700 in fiscal year
161995-96 and not more than $543,700 in fiscal year 1996-97 of the moneys received
17under
42 USC 620 to
626 for the department's expenses in connection with
18administering the expenditure of funds received under
42 USC 620 to
626, for child
19welfare projects and services provided or purchased by the department, for child
20abuse and neglect
and unborn child abuse independent investigations and for
21providing child-at-risk
and unborn child-at-risk field training to counties.
AB463-engrossed, s. 302
22Section
302. 48.985 (2) (a) of the statutes is renumbered 48.985 (2) and
23amended to read:
AB463-engrossed,128,424
48.985
(2) From the appropriation under s. 20.435 (7) (o), the department shall
25distribute not more than $3,919,800 in each fiscal year of the moneys received under
142 USC 620 to
626 to county departments under ss. 46.215, 46.22 and 46.23 for the
2provision or purchase of child welfare projects and services, for services to children
3and families
, for services to the expectant mothers of unborn children and for
4family-based child welfare services.
AB463-engrossed,128,116
51.13
(4) (h) 4. If there is a reason to believe the minor is in need of protection
7or services under s. 48.13 or 938.13
or the minor is an expectant mother of an unborn
8child in need of protection or services under s. 48.133, dismiss the petition and
9authorize the filing of a petition under s. 48.25 (3) or 938.25 (3). The court may
10release the minor or may order that the minor be taken and held in custody under
11s. 48.19 (1) (c)
or (cm) or 938.19 (1) (c).
AB463-engrossed,128,2113
51.30
(4) (b) 9. To a facility which is to receive an individual who is involuntarily
14committed under this chapter, ch.
48, 971 or 975 upon transfer of the individual from
15one treatment facility to another. Release of records under this subdivision shall be
16limited to such treatment records as are required by law, a record or summary of all
17somatic treatments, and a discharge summary. The discharge summary may include
18a statement of the patient's problem, the treatment goals, the type of treatment
19which has been provided, and recommendation for future treatment, but it may not
20include the patient's complete treatment record. The department shall promulgate
21rules to implement this subdivision.
AB463-engrossed,129,223
51.30
(4) (b) 11. To the subject individual's counsel or guardian ad litem,
24without modification, at any time in order to prepare for involuntary commitment
25or recommitment proceedings, reexaminations, appeals or other actions relating to
1detention, admission, commitment or patients' rights under this chapter or ch.
48, 2971 or 975.
AB463-engrossed,129,64
51.30
(4) (b) 11m. To the guardian ad litem of the unborn child, as defined in
5s. 48.02 (19), of a subject individual, without modification, at any time to prepare for
6proceedings under s. 48.133.
AB463-engrossed,129,138
51.30
(4) (b) 14. To the counsel for the interests of the public in order to prepare
9for involuntary commitment or recommitment proceedings, reexaminations,
10appeals or other actions relating to detention, admission or commitment under this
11chapter or ch.
48, 971 or 975. Records released under this subdivision are limited to
12information concerning the admission, detention or commitment of an individual
13who is presently admitted, detained or committed.
AB463-engrossed,129,2315
51.30
(4) (b) 17. To the county agency designated under s. 46.90 (2) or other
16investigating agency under s. 46.90 for the purposes of s. 46.90 (4) (a) and (5)
, to the
17county department, as defined in s. 48.02 (2g), or the sheriff or police department for
18the purposes of s. 48.981 (2) and (3) or to the county protective services agency
19designated under s. 55.02 for purposes of s. 55.043. The treatment record holder may
20release treatment record information by initiating contact with the county protective
21services agency
or county department, as defined in s. 48.02 (2g), without first
22receiving a request for release of the treatment record from the county protective
23services agency
or county department.
AB463-engrossed,130,16
151.61
(1) (intro.) In this section, "patient" means any individual who is
2receiving services for mental illness, developmental disabilities, alcoholism or drug
3dependency, including any individual who is admitted to a treatment facility in
4accordance with this chapter or ch.
48 or 55 or who is detained, committed or placed
5under this chapter or ch.
48, 55, 971, 975 or 980, or who is transferred to a treatment
6facility under s. 51.35 (3) or 51.37 or who is receiving care or treatment for those
7conditions through the department or a county department under s. 51.42 or 51.437
8or in a private treatment facility. "Patient" does not include persons committed
9under ch. 975 who are transferred to or residing in any state prison listed under s.
10302.01. In private hospitals and in public general hospitals, "patient" includes any
11individual who is admitted for the primary purpose of treatment of mental illness,
12developmental disability, alcoholism or drug abuse but does not include an
13individual who receives treatment in a hospital emergency room nor an individual
14who receives treatment on an outpatient basis at those hospitals, unless the
15individual is otherwise covered under this subsection. Except as provided in sub. (2),
16each patient shall:
AB463-engrossed,131,1518
146.0255
(2) Testing. Any hospital employe who provides health care, social
19worker or intake worker under ch. 48 may refer an infant
or an expectant mother of
20an unborn child, as defined in s. 48.02 (19), to a physician for testing of the
infant's 21bodily fluids
of the infant or expectant mother for controlled substances or controlled
22substance analogs if the hospital employe who provides health care, social worker or
23intake worker suspects that the infant
or expectant mother has controlled
24substances or controlled substance analogs in the
infant's bodily fluids
of the infant
25or expectant mother because of the
mother's use of controlled substances or
1controlled substance analogs
by the mother while she was pregnant with the infant
2or by the expectant mother while she is pregnant with the unborn child. The
3physician may test the infant
or expectant mother to ascertain whether or not the
4infant
or expectant mother has controlled substances or controlled substance
5analogs in the
infant's bodily fluids
of the infant or expectant mother, if the physician
6determines that there is a serious risk that there are controlled substances or
7controlled substance analogs in the
infant's bodily fluids
of the infant or expectant
8mother because of the
mother's use of controlled substances or controlled substance
9analogs
by the mother while she was pregnant with the infant
or by the expectant
10mother while she is pregnant with the unborn child and that the health of the infant
,
11the unborn child or the child when born may be adversely affected by the controlled
12substances
or controlled substance analogs. If the results of the test indicate that
13the infant
or expectant mother does have controlled substances or controlled
14substance analogs in the
infant's bodily fluids
of the infant or expectant mother, the
15physician shall make a report under s. 46.238.
AB463-engrossed,131,1917
146.0255
(3) Test results. (intro.) The physician who performs a test under
18sub. (2) shall provide the infant's parents or guardian
or the expectant mother with
19all of the following information: