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, s. 84 21Section 84. 48.981 (3) (a) of the statutes, as affected by 2001 Wisconsin Act 16,
22is amended to read:
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:
SB481,48,1224 48.981 (3) (c) 8. Using the format prescribed by the department, each county
25department shall provide the department with information about each report that

1the county department receives or that is received by a licensed child welfare agency
2that is under contract with the county department and about each investigation that
3the county department or a licensed child welfare agency under contract with the
4county department conducts. Using the format prescribed by the department, a
5licensed child welfare
an agency under contract with the department shall provide
6the department with information about each report that the child welfare agency
7receives and about each investigation that the child welfare agency conducts. This
8information shall be used by the department to monitor services provided by county
9departments or licensed child welfare agencies under contract with county
10departments or the department. The department shall use nonidentifying
11information to maintain statewide statistics on child abuse and neglect and on
12unborn child abuse, and for planning and policy development purposes.
SB481, s. 92 13Section 92. 48.981 (3) (cm) of the statutes is amended to read:
SB481,48,2314 48.981 (3) (cm) Contract with licensed child welfare agencies. Contract with
15agencies.
A county department may contract with a licensed child welfare agency to
16fulfill the county department's duties specified under par. (c) 1., 2. b., 2m. b., 5., 6.,
176m., and 8. The department may contract with a licensed child welfare agency or
18with the Milwaukee County child welfare district
to fulfill the department's duties
19specified under par. (c) 1., 2. a., 2m. b., 3., 4., 5., 5m., 6., 6m., 7., 8., and 9. in a county
20having a population of 500,000 or more. The confidentiality provisions specified in
21sub. (7) shall apply to any licensed child welfare agency with which a county
22department or the department contracts and to the Milwaukee County child welfare
23district, if the department contracts with the district
.
SB481, s. 93 24Section 93. 48.981 (3) (d) of the statutes is amended to read:
SB481,49,7
148.981 (3) (d) Independent investigation. 1. In this paragraph, "agent"
2includes, but is not limited to, a foster parent, treatment foster parent, or other
3person given custody of a child or a human services professional employed by a
4county department under s. 51.42 or 51.437 or by a child welfare an agency who is
5working with a child or an expectant mother of an unborn child under contract with
6or under the supervision of the department in a county having a population of
7500,000 or more or a county department under s. 46.22.
SB481,49,228 2. If an agent or employee of an agency required to investigate under this
9subsection is the subject of a report, or if the agency determines that, because of the
10relationship between the agency and the subject of a report, there is a substantial
11probability that the agency would not conduct an unbiased investigation, the agency
12shall, after taking any action necessary to protect the child or unborn child, notify
13the department. Upon receipt of the notice, the department, in a county having a
14population of less than 500,000, or a county department or child welfare an agency
15designated by the department in any county shall conduct an independent
16investigation. If the department designates a county department under s. 46.22,
1746.23, 51.42, or 51.437, that county department shall conduct the independent
18investigation. If a licensed child welfare agency or the Milwaukee County child
19welfare district
agrees to conduct the independent investigation, the department
20may designate the child welfare agency or district to do so. The powers and duties
21of the department or designated county department or child welfare agency making
22an independent investigation are those given to county departments under par. (c).
SB481, s. 94 23Section 94. 48.981 (5) of the statutes is amended to read:
SB481,50,724 48.981 (5) Coroner's report. Any person or official required to report cases of
25suspected child abuse or neglect who has reasonable cause to suspect that a child

1died as a result of child abuse or neglect shall report the fact to the appropriate
2medical examiner or coroner. The medical examiner or coroner shall accept the
3report for investigation and shall report the findings to the appropriate district
4attorney; to the county department; or, in a county having a population of 500,000
5or more, to a licensed child welfare the department or an agency under contract with
6the department; to the county department and, if the institution making the report
7initially is a hospital, to the hospital.
SB481, s. 95 8Section 95. 48.981 (7) (a) 5. of the statutes is amended to read:
SB481,50,139 48.981 (7) (a) 5. A professional employee of a county department under s. 51.42
10or 51.437 who is working with the child or the expectant mother of the unborn child
11under contract with or under the supervision of the county department under s. 46.22
12or, in a county having a population of 500,000 or more, the department or a licensed
13child welfare
agency under contract with the department.
SB481, s. 96 14Section 96. 48.981 (7) (a) 6. of the statutes is amended to read:
SB481,50,1815 48.981 (7) (a) 6. A multidisciplinary child abuse and neglect or unborn child
16abuse team recognized by 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.
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