SB481,31,717
48.685
(2) (bd) Notwithstanding pars. (am) and (b) 1., the department, a county
18department, a child welfare agency
, the Milwaukee County child welfare district, or
19a school board is not required to obtain the information specified in par. (am) 1. to
205., and an entity is not required to obtain the information specified in par. (b) 1. a.
21to e., with respect to a person under 18 years of age whose background information
22form under sub. (6) (am) indicates that the person is not ineligible to be employed,
23contracted with
, or permitted to reside at an entity for a reason specified in sub. (4m)
24(b) 1. to 5. and with respect to whom the department, county department,
Milwaukee
25County child welfare district, child welfare agency, school board
, or entity otherwise
1has no reason to believe that the person is ineligible to be employed, contracted with
, 2or permitted to reside at an entity for any of those reasons. This paragraph does not
3preclude the department, a county department, a child welfare agency
, the
4Milwaukee County child welfare district, or a school board from obtaining, at its
5discretion, the information specified in par. (am) 1. to 5. with respect to a person
6described in this paragraph who is a nonclient resident or a prospective nonclient
7resident of an entity.
SB481, s. 49
8Section
49. 48.685 (2) (bm) of the statutes is amended to read:
SB481,31,259
48.685
(2) (bm) If the person who is the subject of the search under par. (am)
10or (b) 1. is not a resident of this state, or if at any time within the 3 years preceding
11the date of the search that person has not been a resident of this state, or if the
12department, county department, child welfare agency,
Milwaukee County child
13welfare district, school board
, or entity determines that the person's employment,
14licensing
, or state court records provide a reasonable basis for further investigation,
15the department, county department, child welfare agency,
child welfare district, 16school board
, or entity shall make a good faith effort to obtain from any state or other
17United States jurisdiction in which the person is a resident or was a resident within
18the 3 years preceding the date of the search information that is equivalent to the
19information specified in par. (am) 1. or (b) 1. a. The department, county department,
20child welfare agency,
Milwaukee County child welfare district, school board
, or entity
21may require the person to be fingerprinted on 2 fingerprint cards, each bearing a
22complete set of the person's fingerprints. The department of justice may provide for
23the submission of the fingerprint cards to the federal bureau of investigation for the
24purposes of verifying the identity of the person fingerprinted and obtaining records
25of his or her criminal arrests and convictions.
SB481, s. 50
1Section
50. 48.685 (3) (a) of the statutes is amended to read:
SB481,32,112
48.685
(3) (a) Every 4 years or at any time within that period that the
3department, a county department, a child welfare agency
, the Milwaukee County
4child welfare district, or a school board considers appropriate, the department,
5county department, child welfare agency
, child welfare district, or school board shall
6request the information specified in sub. (2) (am) 1. to 5. for all persons who are
7licensed, certified
, or contracted to operate an entity, for all persons who are
8nonclient residents of an entity
, and for all persons under 18 years of age, but not
9under 12 years of age, who are caregivers of a day care center that is licensed under
10s. 48.65 or established or contracted for under s. 120.13 (4) or of a day care provider
11that is certified under s. 48.651.
SB481, s. 51
12Section
51. 48.685 (3m) of the statutes is amended to read:
SB481,32,1913
48.685
(3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a
14county department, a child welfare agency
, the Milwaukee County child welfare
15district, or a school board has obtained the information required under sub. (2) (am)
16or (3) (a) with respect to a person who is a caregiver specified in sub. (1) (ag) 1. b. and
17that person is also an employee, contractor
, or nonclient resident of an entity, the
18entity is not required to obtain the information specified in sub. (2) (b) 1. or (3) (b)
19with respect to that person.
SB481, s. 52
20Section
52. 48.685 (4m) (a) (intro.) of the statutes is amended to read:
SB481,33,421
48.685
(4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
22par. (ad) and sub. (5), the department may not license, or continue or renew the
23license of, a person to operate an entity, a county department may not certify a day
24care provider under s. 48.651, a county department
, the Milwaukee County child
25welfare district, or a child welfare agency may not license, or renew the license of,
1a foster home or treatment foster home under s. 48.62
, and a school board may not
2contract with a person under s. 120.13 (14), if the department, county department,
3child welfare agency
, child welfare district, or school board knows or should have
4known any of the following:
SB481, s. 53
5Section
53. 48.685 (4m) (ad) of the statutes is amended to read:
SB481,33,126
48.685
(4m) (ad) The department, a county department
, the Milwaukee
7County child welfare district, or a child welfare agency may license a foster home or
8treatment foster home under s. 48.62, a county department may certify a day care
9provider under s. 48.651
, and a school board may contract with a person under s.
10120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am)
11indicating that the person is not ineligible to be licensed, certified
, or contracted with
12for a reason specified in par. (a) 1. to 5.
SB481, s. 54
13Section
54. 48.685 (5) (a) of the statutes is amended to read:
SB481,34,214
48.685
(5) (a) The department may license to operate an entity, a county
15department may certify under s. 48.651, a county department
, the Milwaukee
16County child welfare district, or a child welfare agency may license under s. 48.62
, 17and a school board may contract with under s. 120.13 (14) a person who otherwise
18may not be licensed, certified
, or contracted with for a reason specified in sub. (4m)
19(a) 1. to 5., and an entity may employ, contract with
, or permit to reside at the entity
20a person who otherwise may not be employed, contracted with
, or permitted to reside
21at the entity for a reason specified in sub. (4m) (b) 1. to 5., if the person demonstrates
22to the department, the county department, the child welfare agency
, the child welfare
23district, or the school board or, in the case of an entity that is located within the
24boundaries of a reservation, to the person or body designated by the tribe under sub.
25(5d) (a) 3., by clear and convincing evidence and in accordance with procedures
1established by the department by rule or by the tribe that
he or she the person has
2been rehabilitated.
SB481, s. 55
3Section
55. 48.685 (5c) (b) of the statutes is amended to read:
SB481,34,124
48.685
(5c) (b) Any person who is permitted but fails under sub. (5) (a) to
5demonstrate to the county department that he or she has been rehabilitated may
6appeal to the director of the county department or his or her designee.
Any person
7who is permitted but fails under sub. (5) (a) to demonstrate to the Milwaukee County
8child welfare district that he or she has been rehabilitated may appeal to the director
9of the child welfare district or his or her designee. Any person who is adversely
10affected by a decision of the director
or his or her
of the county department, the
11director of the Milwaukee County child welfare district, or a designee under this
12paragraph has a right to appeal the decision under ch. 68.
SB481, s. 56
13Section
56. 48.685 (5m) of the statutes is amended to read:
SB481,35,714
48.685
(5m) Notwithstanding s. 111.335, the department may refuse to license
15a person to operate an entity, a county department
, the Milwaukee County child
16welfare district, or a child welfare agency may refuse to license a foster home or
17treatment foster home under s. 48.62, and an entity may refuse to employ or contract
18with a caregiver or permit a nonclient resident to reside at the entity if the person
19has been convicted of an offense that is not a serious crime, but that is, in the
20estimation of the department, county department, child welfare agency
, child
21welfare district, or entity, substantially related to the care of a client.
22Notwithstanding s. 111.335, the department may refuse to license a person to
23operate a day care center, a county department may refuse to certify a day care
24provider under s. 48.651, a school board may refuse to contract with a person under
25s. 120.13 (14), a day care center that is licensed under s. 48.65 or established or
1contracted for under s. 120.13 (14)
, and a day care provider that is certified under s.
248.651 may refuse to employ or contract with a caregiver or permit a nonclient
3resident to reside at the day care center or day care provider if the person has been
4convicted of or adjudicated delinquent on or after his or her 12th birthday for an
5offense that is not a serious crime, but that is, in the estimation of the department,
6county department, school board, day care center
, or day care provider, substantially
7related to the care of a client.
SB481, s. 57
8Section
57. 48.685 (6) (a) of the statutes is amended to read:
SB481,35,189
48.685
(6) (a) The department shall require any person who applies for
10issuance, continuation
, or renewal of a license to operate an entity, a county
11department shall require any day care provider who applies for initial certification
12under s. 48.651 or for renewal of that certification, a county department
, the
13Milwaukee County child welfare district, or a child welfare agency shall require any
14person who applies for issuance or renewal of a license to operate a foster home or
15treatment foster home under s. 48.62
, and a school board shall require any person
16who proposes to contract with the school board under s. 120.13 (14) or to renew a
17contract under that subsection, to complete a background information form that is
18provided by the department.
SB481, s. 58
19Section
58. 48.685 (6) (b) 2m. of the statutes is created to read:
SB481,35,2420
48.685
(6) (b) 2m. For caregivers who are licensed by the Milwaukee County
21child welfare district, for persons who are nonclient residents of an entity that is
22licensed by that child welfare district, and for other persons specified by the
23department by rule, the entity shall send the background information form to that
24child welfare district.
SB481, s. 59
25Section
59. 48.685 (8) of the statutes is amended to read:
SB481,36,7
148.685
(8) The department, a county department, a child welfare agency
, the
2Milwaukee County child welfare district, or a school board may charge a fee for
3obtaining the information required under sub. (2) (am) or (3) (a) or for providing
4information to an entity to enable the entity to comply with sub. (2) (b) 1. or (3) (b).
5The fee may not exceed the reasonable cost of obtaining the information. No fee may
6be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or
7maintaining information if to do so would be inconsistent with federal law.
SB481, s. 60
8Section
60. 48.75 (1b) of the statutes is amended to read:
SB481,36,119
48.75
(1b) In this section, "public licensing agency" means a county
10department or, in a county having a population of 500,000 or more, the department
11or, with the approval of the department, the Milwaukee County child welfare district.
SB481, s. 61
12Section
61. 48.78 (1) of the statutes is amended to read:
SB481,36,1613
48.78
(1) In this section, unless otherwise qualified, "agency" means the
14department, a county department, a licensed child welfare agency,
the Milwaukee
15County child welfare district, a licensed day care center
, or a licensed maternity
16hospital.
SB481, s. 62
17Section
62. 48.78 (2) (c) of the statutes is amended to read:
SB481,36,2218
48.78
(2) (c) Paragraph (a) does not prohibit the department
, the Milwaukee
19County child welfare district, or a county department from using in the media a
20picture or description of a child in the guardianship of the department
, the child
21welfare district, or a county department for the purpose of finding adoptive parents
22for that child.
SB481, s. 63
23Section
63. 48.825 (3) (a) of the statutes is amended to read:
SB481,37,3
148.825
(3) (a) The department, a county department
, the Milwaukee County
2child welfare district, or a child welfare agency licensed under s. 48.60 to place
3children for adoption.
SB481, s. 64
4Section
64. 48.825 (3) (d) of the statutes is amended to read:
SB481,37,95
48.825
(3) (d) An individual who has received a favorable recommendation
6regarding his or her fitness to be an adoptive parent in this state from the
7department, a county department
, the Milwaukee County child welfare district, or
8a child welfare agency licensed under s. 48.60 or in another jurisdiction from an
9entity authorized by that jurisdiction to conduct studies of potential adoptive homes.
SB481, s. 65
10Section
65. 48.831 (1m) (bm) of the statutes is created to read:
SB481,37,1111
48.831
(1m) (bm) The Milwaukee County child welfare district.
SB481, s. 66
12Section
66. 48.831 (2) of the statutes is amended to read:
SB481,37,2313
48.831
(2) Report. If the department, county department
, Milwaukee County
14child welfare district, or child welfare agency files a petition, it shall submit a report
15to the court containing as much of the information specified under s. 48.425 (1) (a)
16and (am) as is reasonably ascertainable and, if applicable, the information specified
17under s. 48.425 (1) (g). If the petition is filed by a relative or other person specified
18under sub. (1m) (d), the court shall order the department or a child welfare agency,
19if the department or agency consents,
the Milwaukee County child welfare district, 20or a county department to file a report containing the information specified in this
21subsection. The department, county department
, Milwaukee County child welfare
22district, or child welfare agency shall file the report at least 5 days before the date
23of the fact-finding hearing on the petition.
SB481, s. 67
24Section
67. 48.831 (4) (b) 4. of the statutes is created to read:
SB481,37,2525
48.831
(4) (b) 4. The Milwaukee County child welfare district.
SB481, s. 68
1Section
68. 48.831 (4) (e) of the statutes is amended to read:
SB481,38,112
48.831
(4) (e) The court shall order the custodian appointed under par. (b) or
3(c) to prepare a permanency plan under s. 48.38 for the child within 60 days after the
4date of the order. A permanency plan ordered under this paragraph is subject to
5review under s. 48.38 (5). In preparing a permanency plan, the department, county
6department
, Milwaukee County child welfare district, or child welfare agency
need
7not is not required to include any information specified in s. 48.38 (4) that relates to
8the child's parents or returning the child to his or her home. In reviewing a
9permanency plan, a court or panel
need not is not required to make any
10determination under s. 48.38 (5) (c) that relates to the child's parents or returning
11the child to his or her home.
SB481, s. 69
12Section
69. 48.832 of the statutes is amended to read:
SB481,39,4
1348.832 Transfer of guardianship upon revocation of guardian's license
14or contract. If the department revokes the license of a county department licensed
15under s. 48.57 (1) (hm) to accept guardianship, or of a child welfare agency licensed
16under s. 48.61 (5) to accept guardianship, or if the department terminates the
17contract of a county department licensed under s. 48.57 (1) (e)
or of the Milwaukee
18County child welfare district to accept guardianship, the department shall file a
19motion in the court that appointed the guardian for each child in the guardianship
20of the county department
, child welfare district, or agency, requesting that the court
21transfer guardianship and custody of the child. The motion may specify a county
22department
, child welfare district, or child welfare agency that has consented to
23accept guardianship of the child. The court shall transfer guardianship and custody
24of the child either to the county department
, child welfare district, or child welfare
25agency specified in the motion or to another county department under s. 48.57 (1) (e)
1or (hm)
, child welfare district, or
a child welfare agency under s. 48.61 (5)
which
that
2consents to the transfer. If no county department
, child welfare district, or child
3welfare agency consents, the court shall transfer guardianship and custody of the
4child to the department.
SB481, s. 70
5Section
70. 48.833 of the statutes is amended to read:
SB481,39,24
648.833 Placement of children for adoption by the department, county
7departments, child welfare districts, and child welfare agencies. The
8department, a county department under s. 48.57 (1) (e) or (hm)
, the Milwaukee
9County child welfare district, or a child welfare agency licensed under s. 48.60 may
10place a child for adoption in a licensed foster home or a licensed treatment foster
11home without a court order if the department, county department under s. 48.57 (1)
12(e) or (hm)
, child welfare district, or
the child welfare agency is the guardian of the
13child or makes the placement at the request of another agency
which that is the
14guardian of the child. Before placing a child for adoption under this section, the
15department, county department
, child welfare district, or child welfare agency
16making the placement shall consider the availability of a placement for adoption
17with a relative of the child who is identified in the child's permanency plan under s.
1848.38 or 938.38 or who is otherwise known by the department, county department
,
19child welfare district, or child welfare agency. When a child is placed under this
20section in a licensed foster home or a licensed treatment foster home for adoption,
21the department, county department
, child welfare district, or child welfare agency
22making the placement shall enter into a written agreement with the adoptive parent,
23which shall state the date on which the child is placed in the licensed foster home or
24licensed treatment foster home for adoption by the adoptive parent.
SB481, s. 71
25Section
71. 48.837 (4) (c) of the statutes is amended to read:
SB481,40,8
148.837
(4) (c) Shall order the department
, the Milwaukee County child welfare
2district, or a county department under s. 48.57 (1) (e) or (hm) to investigate the
3proposed adoptive placement, to interview each petitioner, to provide counseling if
4requested
, and to report its recommendation to the court at least 5 days before the
5hearing on the petition. If a licensed child welfare agency has investigated the
6proposed adoptive placement and interviewed the petitioners, the court may accept
7a report and recommendation from the child welfare agency in place of the
8court-ordered report required under this paragraph.
SB481, s. 72
9Section
72. 48.837 (4) (d) of the statutes is amended to read:
SB481,40,1510
48.837
(4) (d) May, at the request of a petitioning parent, or on its own motion
11after ordering the child taken into custody under s. 48.19 (1) (c), order the
12department
, the Milwaukee County child welfare district, or a county department
13under s. 48.57 (1) (e) or (hm) to place the child, pending the hearing on the petition,
14in any home licensed under s. 48.62 except the home of the proposed adoptive parents
15or a relative of the proposed adoptive parents.
SB481, s. 73
16Section
73. 48.837 (6) (d) of the statutes is amended to read:
SB481,40,2317
48.837
(6) (d) If the proposed placement is approved, the court shall proceed
18immediately to a hearing on the petition required under sub. (3). If the parental
19rights of the parent are terminated, the court shall order the child placed with the
20proposed adoptive parent or parents and appoint as guardian of the child the
21department, a county department under s. 48.57 (1) (e) or (hm)
, the Milwaukee
22County child welfare district, or a child welfare agency licensed to accept
23guardianship under s. 48.61 (5).
SB481, s. 74
24Section
74. 48.839 (1) (d) of the statutes is amended to read:
SB481,41,7
148.839
(1) (d) If custody of the child is transferred under sub. (4) (b) to a county
2department
, the Milwaukee County child welfare district, or
a child welfare agency
3before the child is adopted, the department shall periodically bill the guardian and
4the surety under s. 46.03 (18) (b) or 46.10 for the cost of care and maintenance of the
5child until the child is adopted or becomes age 18, whichever is earlier. The guardian
6and surety shall also be liable under the bond for costs incurred by the department
7in enforcing the bond against the guardian and surety.
SB481, s. 75
8Section
75. 48.839 (4) (a) of the statutes is amended to read:
SB481,41,129
48.839
(4) (a) Shall transfer guardianship of the child to the department, to a
10county department under s. 48.57 (1) (e) or (hm)
, to the Milwaukee County child
11welfare district, or to a child welfare agency under s. 48.61 (5) and order the guardian
12to file a petition for termination of parental rights under s. 48.42 within 10 days.
SB481, s. 76
13Section
76. 48.839 (4) (b) of the statutes is amended to read:
SB481,41,1614
48.839
(4) (b) Shall transfer legal custody of the child to the department
or the
15Milwaukee County child welfare district, in a county having a population of 500,000
16or more, to a county department
, or to a child welfare agency licensed under s. 48.60.
SB481, s. 77
17Section
77. 48.88 (2) (a) 2. of the statutes is amended to read:
SB481,41,2118
48.88
(2) (a) 2. If no agency has guardianship of the child and a relative other
19than a stepparent has filed the petition for adoption, the department, a county
20department under s. 48.57 (1) (e) or (hm)
, the Milwaukee County child welfare
21district, or a licensed child welfare agency.
SB481, s. 78
22Section
78. 48.88 (2) (c) of the statutes is amended to read:
SB481,42,1423
48.88
(2) (c) If a stepparent has filed a petition for adoption and no agency has
24guardianship of the child, the court shall order the department
or the Milwaukee
25County child welfare district, in a county having a population of 500,000 or more, or
1a county department or, with the consent of the department in a county having a
2population of less than 500,000 or a licensed child welfare agency, order the
3department or the child welfare agency to conduct a screening, consisting of no more
4than one interview with the petitioner and a check of the petitioner's background
5through public records, including records maintained by the department or any
6county department under s. 48.981. The department, county department
, child
7welfare district, or child welfare agency that conducts the screening shall file a report
8of the screening with the court within 30 days. After reviewing the report, the court
9may proceed to act on the petition, may order the department
or the Milwaukee
10County child welfare district, in a county having a population of 500,000 or more
, or
11the county department to conduct an investigation as described under par. (a)
12(intro.)
, or may order the department in a county having a population of less than
13500,000 or a licensed child welfare agency to make the investigation if the
14department or child welfare agency consents.
SB481, s. 79
15Section
79. 48.89 (1) of the statutes is amended to read:
SB481,42,1916
48.89
(1) The recommendation of the department is required for the adoption
17of a child if the child is not under the guardianship of a county department under s.
1848.57 (1) (e) or (hm)
, the Milwaukee County child welfare district, or a child welfare
19agency under s. 48.61 (5).
SB481, s. 80
20Section
80. 48.89 (3) of the statutes is amended to read:
SB481,43,221
48.89
(3) The recommendation of the department shall not be required if the
22recommendation of the department, a licensed child welfare agency
, the Milwaukee
23County child welfare district, or a county department under s. 48.57 (1) (e) or (hm)
24is required by s. 48.841, if a report of an investigation by the department, a county
25department under s. 48.57 (1) (e) or (hm)
, the Milwaukee County child welfare
1district, or a licensed child welfare agency is required by s. 48.88 (2) (a) 2.
, or if one
2of the petitioners is a relative of the child.
SB481, s. 81
3Section
81. 48.95 of the statutes is amended to read:
SB481,43,10
448.95 Withdrawal or denial of petition. Except as provided under s. 48.839
5(3) (b), if the petition is withdrawn or denied, the circuit court shall order the case
6transferred to the court assigned to exercise jurisdiction under this chapter and ch.
7938 for appropriate action, except that if parental rights have been terminated and
8the guardian of the minor is the department, a licensed child welfare agency
, the
9Milwaukee County child welfare district, or a county department under s. 48.57 (1)
10(e) or (hm), the minor shall remain in the legal custody of the guardian.
SB481, s. 82
11Section
82. 48.977 (4) (a) 7m. of the statutes is created to read:
SB481,43,1212
48.977
(4) (a) 7m. The Milwaukee County child welfare district.
SB481, s. 83
13Section
83. 48.981 (1) (ag) of the statutes is amended to read:
SB481,43,2014
48.981
(1) (ag) "Agency" means a county department, the department in a
15county having a population of 500,000 or more
or, a licensed child welfare agency
16under contract with a county department
or the department in a county having a
17population of 500,000 or more to perform investigations under this section
, or, if
18contracted by the department to perform investigations under this section in a
19county having a population of 500,000 or more, a licensed child welfare agency or the
20Milwaukee County child welfare district.
SB481,44,423
48.981
(3) (a)
Referral of report. 1. A person required to report under sub. (2)
24shall immediately inform, by telephone or personally, the county department or, in
25a county having a population of 500,000 or more, the department or
a licensed child
1welfare agency under contract with the department or the sheriff or city, village, or
2town police department of the facts and circumstances contributing to a suspicion of
3child abuse or neglect or of unborn child abuse or to a belief that abuse or neglect will
4occur.
SB481,44,105
2. The sheriff or police department shall within 12 hours, exclusive of
6Saturdays, Sundays, or legal holidays, refer to the county department or, in a county
7having a population of 500,000 or more, the department or
a licensed child welfare 8agency under contract with the department all cases reported to it. The county
9department, department, or licensed child welfare agency may require that a
10subsequent report be made in writing.
SB481,44,1811
3. A county department, the department, or
a licensed child welfare agency
12under contract with the department shall within 12 hours, exclusive of Saturdays,
13Sundays, or legal holidays, refer to the sheriff or police department all cases of
14suspected or threatened abuse, as defined in s. 48.02 (1) (b) to (f), reported to it. For
15cases of suspected or threatened abuse, as defined in s. 48.02 (1) (a), (am), or (gm),
16or neglect, each county department, the department, and
a licensed child welfare an 17agency under contract with the department shall adopt a written policy specifying
18the kinds of reports it will routinely report to local law enforcement authorities.
SB481,44,2219
4. If the report is of suspected or threatened abuse, as defined in s. 48.02 (1) (b)
20to (f), the sheriff or police department and the county department, department, or
21licensed child welfare agency under contract with the department shall coordinate
22the planning and execution of the investigation of the report.
SB481, s. 85
23Section
85. 48.981 (3) (c) 2. a. of the statutes is amended to read:
SB481,45,524
48.981
(3) (c) 2. a. If the person making the investigation is an employee 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.
SB481, s. 86
6Section
86. 48.981 (3) (c) 2m. a. of the statutes is amended to read:
SB481,45,147
48.981
(3) (c) 2m. a. If the person making the investigation is an employee of
8the county department or, in a county having a population of 500,000 or more, the
9department or
a licensed child welfare agency under contract with the department
10and he or she determines that it is consistent with the best interest of the unborn
11child in terms of physical safety and physical health to take the expectant mother
12into custody for the immediate protection of the unborn child, he or she shall take the
13expectant mother into custody under s. 48.08 (2), 48.19 (1) (cm)
, or 48.193 (1) (c) and
14deliver the expectant mother to the intake worker under s. 48.20 or 48.203.
SB481, s. 87
15Section
87. 48.981 (3) (c) 3. of the statutes is amended to read:
SB481,46,316
48.981
(3) (c) 3. If the county department or, in a county having a population
17of 500,000 or more, the department or
a licensed child welfare agency under contract
18with the department determines that a child, any member of the child's family
, or the
19child's guardian or legal custodian is in need of services or that the expectant mother
20of an unborn child is in need of services, the county department
, or department or
21licensed child welfare agency shall offer to provide appropriate services or to make
22arrangements for the provision of services. If the child's parent, guardian
, or legal
23custodian or the expectant mother refuses to accept the services, the county
24department
, or department or
licensed child welfare agency may request that a
25petition be filed under s. 48.13 alleging that the child who is the subject of the report
1or any other child in the home is in need of protection or services or that a petition
2be filed under s. 48.133 alleging that the unborn child who is the subject of the report
3is in need of protection or services.
SB481, s. 88
4Section
88. 48.981 (3) (c) 4. of the statutes is amended to read:
SB481,46,175
48.981
(3) (c) 4. The county department or, in a county having a population of
6500,000 or more, the department or
a licensed child welfare agency under contract
7with the department shall determine, within 60 days after receipt of a report,
8whether abuse or neglect has occurred or is likely to occur. The determination shall
9be based on a preponderance of the evidence produced by the investigation. A
10determination that abuse or neglect has occurred may not be based solely on the fact
11that the child's parent, guardian
, or legal custodian in good faith selects and relies
12on prayer or other religious means for treatment of disease or for remedial care of the
13child. In making a determination that emotional damage has occurred, the county
14department or, in a county having a population of 500,000 or more, the department
15or
a licensed child welfare agency under contract with the department shall give due
16regard to the culture of the subjects. This subdivision does not prohibit a court from
17ordering medical services for the child if the child's health requires it.
SB481, s. 89
18Section
89. 48.981 (3) (c) 5m. of the statutes is amended to read:
SB481,47,819
48.981
(3) (c) 5m. If the county department or, in a county having a population
20of 500,000 or more, the department or
a licensed child welfare agency under contract
21with the department determines under subd. 4. that a specific person has abused or
22neglected a child, the county department
, or department or
licensed child welfare 23agency, within 15 days after the date of the determination, shall notify the person in
24writing of the determination, the person's right to appeal the determination
, and the
25procedure by which the person may appeal the determination, and the person may
1appeal the determination in accordance with the procedures established by the
2department under this subdivision. The department shall promulgate rules
3establishing procedures for conducting an appeal under this subdivision. Those
4procedures shall include a procedure permitting an appeal under this subdivision to
5be held in abeyance pending the outcome of any criminal proceedings or any
6proceedings under s. 48.13 based on the alleged abuse or neglect or the outcome of
7any investigation that may lead to the filing of a criminal complaint or a petition
8under s. 48.13 based on the alleged abuse or neglect.
SB481, s. 90
9Section
90. 48.981 (3) (c) 7. of the statutes is amended to read:
SB481,47,2210
48.981
(3) (c) 7. The county department or, in a county having a population of
11500,000 or more, the department or
a licensed child welfare agency under contract
12with the department shall cooperate with law enforcement officials, courts of
13competent jurisdiction, tribal governments
, and other human services agencies to
14prevent, identify
, and treat child abuse and neglect and unborn child abuse. The
15county department or, in a county having a population of 500,000 or more, the
16department or
a licensed child welfare agency under contract with the department
17shall coordinate the development and provision of services to abused and neglected
18children, to abused unborn children to families in which child abuse or neglect has
19occurred, to expectant mothers who have abused their unborn children, to children
20and families when circumstances justify a belief that abuse or neglect will occur
, and
21to the expectant mothers of unborn children when circumstances justify a belief that
22unborn child abuse will occur.
SB481, s. 91
23Section
91. 48.981 (3) (c) 8. of the statutes is amended to read: