48.981(1)(i)
(i) "Tribal agent" means the person designated under
25 CFR 23.12 by an Indian tribe or band to receive notice of involuntary child custody proceedings under the Indian child welfare act,
25 USC 1901 to
1963.
48.981(2)
(2) Persons required to report. A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental health professional, social worker, marriage and family therapist, professional counselor, public assistance worker, including a financial and employment planner, as defined in
s. 49.141 (1) (d), school teacher, administrator or counselor, mediator under
s. 767.11, child care worker in a day care center or child caring institution, day care provider, alcohol or other drug abuse counselor, member of the treatment staff employed by or working under contract with a county department under
s. 46.23,
51.42 or
51.437, physical therapist, occupational therapist, dietitian, speech-language pathologist, audiologist, emergency medical technician or police or law enforcement officer having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under
sub. (2m), report as provided in
sub. (3). Any other person, including an attorney, having reason to suspect that a child has been abused or neglected or reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may make such a report. Any person, including an attorney having reason to suspect that an unborn child has been abused or reason to believe that an unborn child is at substantial risk of abuse may report as provided in
sub. (3). No person making a report under this subsection may be discharged from employment for so doing.
48.981(2m)
(2m) Exception to reporting requirement. 48.981(2m)(a)(a) The purpose of this subsection is to allow children to obtain confidential health care services.
48.981(2m)(b)2.
2. "Health care service" means family planning services, as defined in s.
253.07 (1) (b), 1995 stats., pregnancy testing, obstetrical health care or screening, diagnosis and treatment for a sexually transmitted disease.
48.981(2m)(c)
(c) Except as provided under
pars. (d) and
(e), the following persons are not required to report as suspected or threatened abuse, as defined in
s. 48.02 (1) (b), sexual intercourse or sexual contact involving a child:
48.981(2m)(c)1.
1. A health care provider who provides any health care service to a child.
48.981(2m)(c)4.
4. A person who obtains information about a child who is receiving or has received health care services from a health care provider.
48.981(2m)(d)
(d) Any person described under
par. (c) 1. or
4. shall report as required under
sub. (2) if he or she has reason to suspect any of the following:
48.981(2m)(d)1.
1. That the sexual intercourse or sexual contact occurred or is likely to occur with a caregiver.
48.981(2m)(d)2.
2. That the child suffered or suffers from a mental illness or mental deficiency that rendered or renders the child temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.
48.981(2m)(d)3.
3. That the child, because of his or her age or immaturity, was or is incapable of understanding the nature or consequences of sexual intercourse or sexual contact.
48.981(2m)(d)4.
4. That the child was unconscious at the time of the act or for any other reason was physically unable to communicate unwillingness to engage in sexual intercourse or sexual contact.
48.981(2m)(d)5.
5. That another participant in the sexual contact or sexual intercourse was or is exploiting the child.
48.981(2m)(e)
(e) In addition to the reporting requirements under
par. (d), a person described under
par. (c) 1. or
4. shall report as required under
sub. (2) if he or she has any reasonable doubt as to the voluntariness of the child's participation in the sexual contact or sexual intercourse.
48.981(3)(a)(a)
Referral of report. A person required to report under
sub. (2) shall immediately inform, by telephone or personally, 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 or the sheriff or city, village or town police department of the facts and circumstances contributing to a suspicion of child abuse or neglect or of unborn child abuse or to a belief that abuse or neglect will occur. The sheriff or police department shall within 12 hours, exclusive of Saturdays, Sundays or legal holidays, refer to 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 all cases reported to it. The county department, department or licensed child welfare agency may require that a subsequent report be made in writing. Each county department, the department and a licensed child welfare agency under contract with the department shall adopt a written policy specifying the kinds of reports it will routinely report to local law enforcement authorities.
48.981(3)(b)1.1. Any person reporting under this section may request an immediate investigation by the sheriff or police department if the person has reason to suspect that the health or safety of a child or of an unborn child is in immediate danger. Upon receiving such a request, the sheriff or police department shall immediately investigate to determine if there is reason to believe that the health or safety of the child or unborn child is in immediate danger and take any necessary action to protect the child or unborn child.
48.981(3)(b)2.
2. If the investigating officer has reason under
s. 48.19 (1) (c) or
(cm) or
(d) 5. or
8. to take a child into custody, the investigating officer shall take the child into custody and deliver the child to the intake worker under
s. 48.20.
48.981(3)(b)2m.
2m. If the investigating officer has reason under
s. 48.193 (1) (c) or
(d) 2. to take the adult expectant mother of an unborn child into custody, the investigating officer shall take the adult expectant mother into custody and deliver the adult expectant mother to the intake worker under
s. 48.203.
48.981(3)(b)3.
3. If the police or other law enforcement officials determine that criminal action is necessary, they shall refer the case to the district attorney for criminal prosecution.
48.981(3)(bm)
(bm)
Notice of report to Indian tribal agent. In a county which has wholly or partially within its boundaries a federally recognized Indian reservation or a bureau of Indian affairs service area for the Ho-Chunk tribe, if a county department which receives a report under
par. (a) pertaining to a child or unborn child knows that the child is an Indian child who resides in the county or that the unborn child is an Indian unborn child whose expectant mother resides in the county, the county department shall provide notice, which shall consist only of the name and address of the child or expectant mother and the fact that a report has been received about that child or unborn child, within 24 hours to one of the following:
48.981(3)(bm)1.
1. If the county department knows with which tribe or band the child is affiliated, or with which tribe or band the unborn child, when born, may be eligible for affiliation, and it is a Wisconsin tribe or band, the tribal agent of that tribe or band.
48.981(3)(bm)2.
2. If the county department does not know with which tribe or band the child is affiliated, or with which tribe or band the unborn child, when born, may be eligible for affiliation, or the child or expectant mother is not affiliated with a Wisconsin tribe or band, the tribal agent serving the reservation or Ho-Chunk service area where the child or expectant mother resides.
48.981(3)(bm)3.
3. If neither
subd. 1. nor 2. applies, any tribal agent serving a reservation or Ho-Chunk service area in the county.
48.981(3)(c)1.1. Within 24 hours after receiving a report under
par. (a), the agency shall, in accordance with the authority granted to the department under
s. 48.48 (17) (a) 1. or the county department under
s. 48.57 (1) (a), initiate a diligent investigation to determine if the child or unborn child is in need of protection or services. The investigation shall be conducted in accordance with standards established by the department for conducting child abuse and neglect investigations or unborn child abuse investigations. If the investigation is of a report of child abuse or neglect or of threatened [child] abuse or neglect by a caregiver specified in
sub. (1) (am) 5. to
8. who continues to have access to the child or a caregiver specified in
sub. (1) (am) 1. to
4., or of a report that does not disclose who is suspected of the child abuse or neglect and in which the investigation does not disclose who abused or neglected the child, the investigation shall also include observation of or an interview with the child, or both, and, if possible, an interview with the child's parents, guardian or legal custodian. If the investigation is of a report of child abuse or neglect or threatened child abuse or neglect by a caregiver who continues to reside in the same dwelling as the child, the investigation shall also include, if possible, a visit to that dwelling. At the initial visit to the child's dwelling, the person making the investigation shall identify himself or herself and the agency involved to the child's parents, guardian or legal custodian. The agency may contact, observe or interview the child at any location without permission from the child's parent, guardian or legal custodian if necessary to determine if the child is in need of protection or services, except that the person making the investigation may enter a child's dwelling only with permission from the child's parent, guardian or legal custodian or after obtaining a court order to do so.
48.981 Note
NOTE: The bracketed language was inserted before "threatened" by
1997 Wis. Act 292. It is shown here in its correct location. Corrective legislation is pending.
48.981(3)(c)2.a.a. If the person making the investigation is an employe of 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 and he or she determines that it is consistent with the child's best interest in terms of physical safety and physical health to remove the child from his or her home for immediate protection, he or she shall take the child into custody under
s. 48.08 (2) or
48.19 (1) (c) and deliver the child to the intake worker under
s. 48.20.
48.981(3)(c)2.b.
b. If the person making the investigation is an employe of a licensed child welfare agency which is under contract with the county department and he or she determines that any child in the home requires immediate protection, he or she shall notify the county department of the circumstances and together with an employe of the county department shall take the child into custody under
s. 48.08 (2) or
48.19 (1) (c) and deliver the child to the intake worker under
s. 48.20.
48.981(3)(c)2m.a.a. If the person making the investigation is an employe of 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 and he or she determines that it is consistent with the best interest of the unborn child in terms of physical safety and physical health to take the expectant mother into custody for the immediate protection of the unborn child, he or she shall take the expectant mother into custody under
s. 48.08 (2),
48.19 (1) (cm) or
48.193 (1) (c) and deliver the expectant mother to the intake worker under
s. 48.20 or
48.203.
48.981(3)(c)2m.b.
b. If the person making the investigation is an employe of a licensed child welfare agency which is under contract with the county department and he or she determines that any unborn child requires immediate protection, he or she shall notify the county department of the circumstances and together with an employe of the county department shall take the expectant mother of the unborn child into custody under
s. 48.08 (2),
48.19 (1) (cm) or
48.193 (1) (c) and deliver the expectant mother to the intake worker under
s. 48.20 or
48.203.
48.981(3)(c)3.
3. If 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 determines that a child, any member of the child's family or the child's guardian or legal custodian is in need of services or that the expectant mother of an unborn child is in need of services, the county department, department or licensed child welfare agency shall offer to provide appropriate services or to make arrangements for the provision of services. If the child's parent, guardian or legal custodian or the expectant mother refuses to accept the services, the county department, department or licensed child welfare agency may request that a petition be filed under
s. 48.13 alleging that the child who is the subject of the report or any other child in the home is in need of protection or services or that a petition be filed under
s. 48.133 alleging that the unborn child who is the subject of the report is in need of protection or services.
48.981(3)(c)4.
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. This subdivision does not prohibit a court from ordering medical services for the child if the child's health requires it.
48.981(3)(c)5.
5. The 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 or to any expectant mother of an unborn child. The agency shall update the record every 6 months until the case is closed.
48.981(3)(c)6.
6. The 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 or unborn child who is the subject of the report.
48.981(3)(c)6m.
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, or is a relative of the expectant mother of the unborn child, that person may make a written request to the agency for information regarding what action, if any, was taken to protect the health and welfare of the child or unborn child who is the subject of the report. 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 or unborn 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 agency may petition the court ex parte for an order prohibiting that disclosure and, if the 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 or unborn child.
48.981(3)(c)7.
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 services agencies to prevent, identify and treat child abuse and neglect and unborn child abuse. 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, to abused unborn children to families in which child abuse or neglect has occurred, to expectant mothers who have abused their unborn children, to children and families when circumstances justify a belief that abuse or neglect will occur and to the expectant mothers of unborn children when circumstances justify a belief that unborn child abuse will occur.
48.981(3)(c)8.
8. Using the format prescribed by the department, each county department shall provide the department with information about each report that 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 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 on unborn child abuse, and for planning and policy development purposes.
48.981(3)(cm)
(cm)
Contract with licensed child welfare agencies. A county department may contract with a licensed child welfare agency to fulfill 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.
48.981(3)(d)1.1. 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 a child or an expectant mother of an unborn 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. 46.22.
48.981(3)(d)2.
2. If an agent or employe of an agency required to investigate under this subsection is the subject of a report, or if the agency determines that, because of the relationship between the agency and the subject of a report, there is a substantial probability that the agency would not conduct an unbiased investigation, the agency shall, after taking any action necessary to protect the child or unborn 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. 46.22,
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 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).
48.981(4)
(4) Immunity from liability. Any person or institution participating in good faith in the making of a report, conducting an investigation, ordering or taking of photographs or ordering or performing medical examinations of a child or of an expectant mother under this section shall have immunity from any liability, civil or criminal, that results by reason of the action. For the purpose of any proceeding, civil or criminal, the good faith of any person reporting under this section shall be presumed. The immunity provided under this subsection does not apply to liability for abusing or neglecting a child or for abusing an unborn child.
48.981(5)
(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.
48.981(6)
(6) Penalty. Whoever intentionally violates this section by failure to report as required may be fined not more than $1,000 or imprisoned not more than 6 months or both.
48.981(7)(a)(a) All reports made under this section, notices provided under
sub. (3) (bm) and records maintained by an agency and other persons, officials and institutions shall be confidential. Reports and records may be disclosed only to the following persons:
48.981(7)(a)1.
1. The subject of a report, except that the person or agency maintaining the record or report may not disclose any information that would identify the reporter.
48.981(7)(a)1m.
1m. A reporter described in
sub. (3) (c) 6m. who makes a written request to an agency for information regarding what action, if any, was taken to protect the health and welfare of the child or unborn 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 or unborn child who is the subject of the report.
48.981(7)(a)2.
2. Appropriate staff of an agency or a tribal social services department.
48.981(7)(a)3.
3. An attending physician for purposes of diagnosis and treatment.
48.981(7)(a)3m.
3m. A child's parent, guardian or legal custodian or the expectant mother of an unborn child, except that the person or agency maintaining the record or report may not disclose any information that would identify the reporter.
48.981(7)(a)4.
4. A child's foster parent, treatment foster parent or other person having physical custody of the child or a person having physical custody of the expectant mother of an unborn child, except that the person or agency maintaining the record or report may not disclose any information that would identify the reporter.
48.981(7)(a)5.
5. A professional employe of a county department under
s. 51.42 or
51.437 who is working with the child or the expectant mother of the unborn child under contract with or under the supervision of the county department under
s. 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.
48.981(7)(a)6.
6. A multidisciplinary child abuse and neglect or unborn child abuse 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.
48.981(7)(a)6m.
6m. A person employed by a child advocacy center recognized by the county board, 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, the county department, the department or the licensed child welfare agency.
48.981(7)(a)8.
8. A law enforcement officer or law enforcement agency or a district attorney for purposes of investigation or prosecution.
48.981(7)(a)9.
9. A court or administrative agency for use in a proceeding relating to the licensing or regulation of a facility regulated under this chapter.
48.981(7)(a)10.
10. A court conducting proceedings under
s. 48.21 or
48.213, a court conducting proceedings related to a petition under
s. 48.13,
48.133 or
48.42 or a court conducting dispositional proceedings under
subch. VI or
VIII in which abuse or neglect of the child who is the subject of the report or record or abuse of the unborn child who is the subject of the report or record is an issue.
48.981(7)(a)10g.
10g. A court conducting proceedings under
s. 48.21, a court conducting proceedings related to a petition under
s. 48.13 (3m) or
(10m) or a court conducting dispositional proceedings under
subch. VI in which an issue is the substantial risk of abuse or neglect of a child who, during the time period covered by the report or record, was in the home of the child who is the subject of the report or record.
48.981(7)(a)10j.
10j. A court conducting proceedings under
s. 938.21, a court conducting proceedings relating to a petition under
ch. 938 or a court conducting dispositional proceedings under
subch. VI of ch. 938 in which abuse or neglect of the child who is the subject of the report or record is an issue.
48.981(7)(a)10m.
10m. A tribal court, or other adjudicative body authorized by a tribe or band to perform child welfare functions, that exercises jurisdiction over children and unborn children alleged to be in need of protection or services for use in proceedings in which abuse or neglect of the child who is the subject of the report or record or abuse of the unborn child who is the subject of the report or record is an issue.
48.981(7)(a)10r.
10r. A tribal court, or other adjudicative body authorized by a tribe or band to perform child welfare functions, that exercises jurisdiction over children alleged to be in need of protection or services for use in proceedings in which an issue is the substantial risk of abuse or neglect of a child who, during the time period covered by the report or record, was in the home of the child who is the subject of the report or record.
48.981(7)(a)11.
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. and the guardian ad litem representing the interests of an unborn child in proceedings under
subd. 10.
48.981(7)(a)11m.
11m. An attorney representing the interests of an Indian tribe or band in proceedings under
subd. 10m. or
10r., of an Indian child in proceedings under
subd. 10m. or
10r. or of an Indian unborn child in proceedings under
subd. 10m.
48.981(7)(a)11r.
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 or
48.133 for which the court-appointed special advocate program is recognized by the county board, county department or department.
48.981(7)(a)12.
12. A person engaged in bona fide research, with the permission of the department. Information identifying subjects and reporters may not be disclosed to the researcher.
48.981(7)(a)14.
14. A grand jury if it determines that access to specified records is necessary for the conduct of its official business.
48.981(7)(a)15.
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.
48.981(7)(a)15m.
15m. A coroner, medical examiner or pathologist or other physician investigating the cause of death of a child whose death is unexplained or unusual or is associated with unexplained or suspicious circumstances.
48.981(7)(a)17.
17. A federal agency, state agency of this state or any other state or local governmental unit located in this state or any other state that has a need for a report or record in order to carry out its responsibility to protect children from abuse or neglect or to protect unborn children from abuse.
48.981(7)(am)
(am) Notwithstanding
par. (a) (intro.), a tribal agent who receives notice under
sub. (3) (bm) may disclose the notice to a tribal social services department.
48.981(7)(b)
(b) Notwithstanding
par. (a), either parent of a child may authorize the disclosure of a record for use in a child custody proceeding under
s. 767.24 or
767.325 when the child has been the subject of a report. Any information that would identify a reporter shall be deleted before disclosure of a record under this paragraph.
48.981(7)(c)
(c) Notwithstanding
par. (a), the subject of a report may authorize the disclosure of a record to the subject's attorney. The authorization shall be in writing. Any information that would identify a reporter shall be deleted before disclosure of a record under this paragraph.
48.981(7)(d)
(d) The department may have access to any report or record maintained by an agency under this section.
48.981(7)(e)
(e) A person to whom a report or record is disclosed under this subsection may not further disclose it, except to the persons and for the purposes specified in this section.
48.981(7)(f)
(f) Any person who violates this subsection, or who permits or encourages the unauthorized dissemination or use of information contained in reports and records made under this section, may be fined not more than $1,000 or imprisoned not more than 6 months or both.
