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:
AB463-engrossed,132,521
146.82
(2) (a) 11. To a county department, as defined under s. 48.02 (2g), a
22sheriff or police department or a district attorney for purposes of investigation of
23threatened or suspected child abuse or neglect or
suspected unborn child abuse or
24for purposes of prosecution of alleged child abuse or neglect
, if the person conducting
25the investigation or prosecution identifies the subject of the record by name. The
1health care provider may release information by initiating contact with a county
2department, sheriff or police department or district attorney without receiving a
3request for release of the information. A person to whom a report or record is
4disclosed under this subdivision may not further disclose it, except to the persons,
5for the purposes and under the conditions specified in s. 48.981 (7).
AB463-engrossed,132,87
301.01
(2) (cm) Any expectant mother held in custody under ss. 48.193 to
848.213.
AB463-engrossed,132,2510
757.69
(1) (g) When assigned to the court assigned jurisdiction under chs. 48
11and 938, a court commissioner may, under ch. 48 or 938, issue summonses and
12warrants, order the release or detention of children
apprehended or expectant
13mothers of unborn children taken into custody, conduct detention and shelter care
14hearings, conduct preliminary appearances, conduct uncontested proceedings under
15ss. 48.13,
48.133, 938.12, 938.13 and 938.18, enter into consent decrees and exercise
16the powers and perform the duties specified in par. (j) or (m), whichever is applicable,
17in proceedings under s. 813.122 or 813.125 in which the respondent is a child.
18Contested waiver hearings under s. 938.18 and dispositional hearings under ss.
1948.335 and 938.335 shall be conducted by a judge. When acting in an official capacity
20and assigned to the children's court center, a court commissioner shall sit at the
21children's court center or such other facility designated by the chief judge. Any
22decision by the commissioner shall be reviewed by the judge of the branch of court
23to which the case has been assigned, upon motion of any party. Any determination,
24order or ruling by the commissioner may be certified to the branch of court to which
25such case has been assigned upon a motion of any party for a hearing de novo.
AB463-engrossed,133,32
808.075
(4) (a) 4. Hearing for child held in custody under s. 48.21
or an adult
3expectant mother of an unborn child held in custody under s. 48.213.
AB463-engrossed,133,75
813.122
(1) (a) "Abuse" has the meaning given in s. 48.02 (1)
(a) and (b) to (gm) 6and, in addition, includes a threat to engage in any conduct under s. 48.02 (1)
, other
7than conduct under s. 48.02 (1) (am).
AB463-engrossed,133,119
904.085
(4) (d) A mediator reporting child
or unborn child abuse under s.
1048.981 or reporting nonidentifying information for statistical, research or
11educational purposes does not violate this section.
AB463-engrossed,133,1313
905.04
(4) (e) (title)
Abused or neglected child or abused unborn child.
AB463-engrossed,133,2115
905.04
(4) (e) 3. There is no privilege in situations where the examination of
16the expectant mother of an abused unborn child creates a reasonable ground for an
17opinion of the physician, registered nurse, chiropractor, psychologist, social worker,
18marriage and family therapist or professional counselor that the physical injury
19inflicted on the unborn child was caused by the habitual lack of self-control of the
20expectant mother of the unborn child in the use of alcohol beverages, controlled
21substances or controlled substance analogs, exhibited to a severe degree.
AB463-engrossed,134,323
938.245
(8) If the obligations imposed under the deferred prosecution
24agreement are met, the intake worker shall so inform the juvenile and a parent,
25guardian and legal custodian in writing, and no petition may be filed or citation
1issued on the charges that brought about the deferred prosecution agreement nor
2may the charges be the sole basis for a petition under s. 48.13,
48.133, 48.14, 938.13
3or 938.14.
AB463-engrossed,134,95
(1) This act shall be construed in accordance with section 990.001 (11) of the
6statutes so that if any provision of this act is invalid, or if the application of this act
7to any person or circumstance is invalid, that invalidity shall not affect any other
8provision or application of this act which can be given effect without the invalid
9provision or application.
AB463-engrossed,134,2011
(1) This act first applies to an expectant mother of an unborn child, as defined
12in section 48.02 (19) of the statutes, as created by this act, who exhibits a lack of
13self-control in the use of alcohol beverages, controlled substances or controlled
14substance analogs, to a severe degree, on the effective date of this subsection, but
15does not preclude consideration of a lack of that self-control exhibited before the
16effective date of this subsection in determining whether the lack of that self-control
17is habitual or is habitually exhibited to a severe degree, or in determining whether
18there is a substantial risk that the physical health of the unborn child, or of the child
19when born, will be seriously affected or endangered due to the habitual lack of that
20self-control, exhibited to a severe degree.