SB481: Bill Text

SB481,45,5 48.981 (3) (c) 2. a. If the person making the investigation is an employee 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.

SB481, s. 86 Section 86. 48.981 (3) (c) 2m. a. of the statutes is amended to read:

SB481,45,14 48.981 (3) (c) 2m. a. If the person making the investigation is an employee 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.

SB481, s. 87 Section 87. 48.981 (3) (c) 3. of the statutes is amended to read:

SB481,46,3 48.981 (3) (c) 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, or 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, or 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.

SB481, s. 88 Section 88. 48.981 (3) (c) 4. of the statutes is amended to read:

SB481,46,17 48.981 (3) (c) 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.

SB481, s. 89 Section 89. 48.981 (3) (c) 5m. of the statutes is amended to read:

SB481,47,8 48.981 (3) (c) 5m. 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 under subd. 4. that a specific person has abused or neglected a child, the county department, or department or licensed child welfare agency, within 15 days after the date of the determination, shall notify the person in writing of the determination, the person's right to appeal the determination, and the procedure by which the person may appeal the determination, and the person may appeal the determination in accordance with the procedures established by the department under this subdivision. The department shall promulgate rules establishing procedures for conducting an appeal under this subdivision. Those procedures shall include a procedure permitting an appeal under this subdivision to be held in abeyance pending the outcome of any criminal proceedings or any proceedings under s. 48.13 based on the alleged abuse or neglect or the outcome of any investigation that may lead to the filing of a criminal complaint or a petition under s. 48.13 based on the alleged abuse or neglect.

SB481, s. 90 Section 90. 48.981 (3) (c) 7. of the statutes is amended to read:

SB481,47,22 48.981 (3) (c) 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.

SB481, s. 91 Section 91. 48.981 (3) (c) 8. of the statutes is amended to read:

SB481,48,12 48.981 (3) (c) 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 an 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.

SB481, s. 92 Section 92. 48.981 (3) (cm) of the statutes is amended to read:

SB481,48,23 48.981 (3) (cm) Contract with licensed child welfare agencies. Contract with 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., 2m. b., 5., 6., 6m., and 8. The department may contract with a licensed child welfare agency or with the Milwaukee County child welfare district to fulfill the department's duties specified under par. (c) 1., 2. a., 2m. b., 3., 4., 5., 5m., 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 and to the Milwaukee County child welfare district, if the department contracts with the district.

SB481, s. 93 Section 93. 48.981 (3) (d) of the statutes is amended to read:

SB481,49,7 48.981 (3) (d) Independent investigation. 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 an 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.

SB481,49,22 2. If an agent or employee 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 an 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 or the Milwaukee County child welfare district agrees to conduct the independent investigation, the department may designate the child welfare agency or district 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).

SB481, s. 94 Section 94. 48.981 (5) of the statutes is amended to read:

SB481,50,7 48.981 (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 county department; or, in a county having a population of 500,000 or more, to a licensed child welfare the department or an agency under contract with the department; to the county department and, if the institution making the report initially is a hospital, to the hospital.

SB481, s. 95 Section 95. 48.981 (7) (a) 5. of the statutes is amended to read:

SB481,50,13 48.981 (7) (a) 5. A professional employee 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.

SB481, s. 96 Section 96. 48.981 (7) (a) 6. of the statutes is amended to read:

SB481,50,18 48.981 (7) (a) 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.

SB481, s. 97 Section 97. 48.981 (7) (a) 6m. of the statutes is amended to read:

SB481,50,25 48.981 (7) (a) 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.

SB481, s. 98 Section 98. 48.981 (7) (a) 13. of the statutes is amended to read:

SB481,51,5 48.981 (7) (a) 13. The department, a county department under s. 48.57 (1) (e) or (hm), the Milwaukee County child welfare district, or a licensed child welfare agency ordered to conduct a screening or an investigation of a stepparent under s. 48.88 (2) (c).

SB481, s. 99 Section 99. 48.981 (7) (a) 15. of the statutes is amended to read:

SB481,51,9 48.981 (7) (a) 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.

SB481, s. 100 Section 100. 48.981 (8) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

SB481,52,6 48.981 (8) (a) The department, the county departments, and a licensed child welfare an agency under contract with the department in a county having a population of 500,000 or more to the extent feasible shall conduct continuing education and training programs for staff of the department, the county departments, licensed child welfare the agencies under contract with the department or a county department, law enforcement agencies, and the tribal social services departments, persons, and officials required to report, the general public, and others as appropriate. The programs shall be designed to encourage reporting of child abuse and neglect and of unborn child abuse, to encourage self-reporting and voluntary acceptance of services and to improve communication, cooperation, and coordination in the identification, prevention, and treatment of child abuse and neglect and of unborn child abuse. Programs provided for staff of the department, county departments, and licensed child welfare agencies under contract with county departments or the department whose responsibilities include the investigation or treatment of child abuse or neglect shall also be designed to provide information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 46.95 (1) (a). The department, the county departments, and a licensed child welfare an agency under contract with the department in a county having a population of 500,000 or more shall develop public information programs about child abuse and neglect and about unborn child abuse.

SB481, s. 101 Section 101. 48.981 (8) (c) of the statutes is amended to read:

SB481,52,14 48.981 (8) (c) In meeting its responsibilities under par. (a) or (b), the department, a county department, or a licensed child welfare an agency under contract with the department in a county having a population of 500,000 or more may contract with any public or private organization which that meets the standards set by the department. In entering into the contracts the department, county department, or licensed child welfare agency shall give priority to parental organizations combating child abuse and neglect or unborn child abuse.

SB481, s. 102 Section 102. 66.0301 (1) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

SB481,53,4 66.0301 (1) (a) In this section "municipality" means the state or any department or agency thereof, or of the state, any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, a local cultural arts district created under subch. V of ch. 229, family care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, regional planning commission, or city-county health department, or the Milwaukee County child welfare district under s. 48.562.

SB481, s. 103 Section 103. 69.30 (1) (bg) of the statutes is created to read:

SB481,53,7 69.30 (1) (bg) "Milwaukee County child welfare district" means the Milwaukee County child welfare district created under s. 48.562.

SB481, s. 104 Section 104. 69.30 (2) of the statutes is amended to read:

SB481,53,17 69.30 (2) A financial institution, a state agency, a county department, a Wisconsin works agency, a service office or, a family care district, or the Milwaukee County child welfare district or an employee of a financial institution, a state agency, a county department, a Wisconsin works agency, a service office or, a family care district, or the Milwaukee County child welfare district is not subject to s. 69.24 (1) (a) for copying a certified copy of a vital record for use by the financial institution, state agency, county department, Wisconsin works agency, service office or, family care district, or Milwaukee County child welfare district, including use under s. 45.36 (4m), if the copy is marked "FOR ADMINISTRATIVE USE".."

SB481, s. 105 Section 105. 70.11 (2) of the statutes is amended to read:

SB481,54,9 70.11 (2) Municipal property and property of certain districts, exception. Property owned by any county, city, village, town, school district, technical college district, public inland lake protection and rehabilitation district, metropolitan sewerage district, municipal water district created under s. 198.22, joint local water authority created under s. 66.0823, family care district under s. 46.2895, or town sanitary district; property owned by the Milwaukee County child welfare district under s. 48.562; lands belonging to cities of any other state used for public parks; land tax-deeded to any county or city before January 2; but any residence located upon property owned by the county for park purposes that is rented out by the county for a nonpark purpose shall not be exempt from taxation. Except as to land acquired under s. 59.84 (2) (d), this exemption shall not apply to land conveyed after August 17, 1961, to any such governmental unit or for its benefit while the grantor or others for his or her benefit are permitted to occupy the land or part thereof in consideration for the conveyance. Leasing the property exempt under this subsection, regardless of the lessee and the use of the leasehold income, does not render that property taxable.

SB481, s. 106 Section 106. 71.26 (1) (b) of the statutes is amended to read:

SB481,54,15 71.26 (1) (b) Political units. Income received by the United States, the state, the Milwaukee County child welfare district under s. 48.562, and all counties, cities, villages, towns, school districts, technical college districts, joint local water authorities created under s. 66.0823, family care districts under s. 46.2895, or other political units of this state.

SB481, s. 107 Section 107. 101.01 (4) of the statutes is amended to read:

SB481,54,22 101.01 (4) "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, or family care district and, the Milwaukee County child welfare district, or any other public or quasi-public corporations corporation as well as any agent, manager, representative, or other person having control or custody of any employment, place of employment, or of any employee.

SB481, s. 108 Section 108. 102.01 (2) (d) of the statutes is amended to read:

SB481,55,2 102.01 (2) (d) "Municipality" includes a county, city, town, village, school district, sewer district, drainage district and, or family care district and, the Milwaukee County child welfare district, or any other public or quasi-public corporations corporation.

SB481, s. 109 Section 109. 102.04 (1) (a) of the statutes is amended to read:

SB481,55,6 102.04 (1) (a) The state, each county, city, town, village, school district, sewer district, drainage district, or family care district and, the Milwaukee County child welfare district, or any other public or quasi-public corporations therein corporation.

SB481, s. 110 Section 110. 103.001 (6) of the statutes is amended to read:

SB481,55,13 103.001 (6) "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, or family care district and, the Milwaukee County child welfare district, or any other public or quasi-public corporations corporation as well as any agent, manager, representative, or other person having control or custody of any employment, place of employment, or of any employee.

SB481, s. 111 Section 111. 111.70 (1) (j) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

SB481,55,23 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, or family care district, the Milwaukee County child welfare district, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but specifically does not include a local cultural arts district created under subch. V of ch. 229.

SB481, s. 112 Section 112. 118.17 of the statutes is amended to read:

SB481,56,8 118.17 Indigent children. The principal or teacher in charge of any public school shall report to the county department under s. 46.215, 46.22 or 46.23 for the county wherein in which the school is situated or, in a county having a population of 500,000 or more, to the department of health and family services or the Milwaukee County child welfare district the name and address of any child in the school whose parent, guardian, or other person having control, charge, or custody of the child is without sufficient means to furnish the child with food or clothing necessary to enable the child to attend school.

SB481, s. 113 Section 113. 632.745 (6) (a) 2p. of the statutes is created to read:

SB481,56,11 632.745 (6) (a) 2p. The Milwaukee County child welfare district under s. 48.562.

SB481, s. 114 Section 114. 632.896 (1) (c) 1. of the statutes is amended to read:

SB481,56,16 632.896 (1) (c) 1. The department, a county department under s. 48.57 (1) (e) or (hm), the Milwaukee County child welfare district, or a child welfare agency licensed under s. 48.60 places a child in the insured's home for adoption and enters into an agreement under s. 48.833 with the insured.

SB481, s. 115 Section 115. 767.001 (2) (b) of the statutes is amended to read:

SB481,56,21 767.001 (2) (b) With respect to the department of health and family services or, a county agency specified in s. 48.56 (1), the Milwaukee County child welfare district, or a licensed child welfare agency granted legal custody of a child, the rights and responsibilities specified under s. 48.02 (12).

SB481, s. 116 Section 116. 767.24 (3) (a) of the statutes is amended to read:

SB481,57,7 767.24 (3) (a) If the interest of any child demands it, and if the court finds that neither parent is able to care for the child adequately or that neither parent is fit and proper to have the care and custody of the child, the court may declare the child to be in need of protection or services and transfer legal custody of the child to a relative of the child, as defined in s. 48.02 (15), to the department of health and family services, to a county department, as defined under s. 48.02 (2g), to the Milwaukee County child welfare district, or to a licensed child welfare agency. If the court transfers legal custody of a child under this subsection, in its order the court shall notify the parents of any applicable grounds for termination of parental rights under s. 48.415.

SB481, s. 117 Section 117. 809.105 (13) of the statutes is amended to read:

SB481,57,18 809.105 (13) Certain persons barred from proceedings. No parent, or guardian or legal custodian, if one has been appointed, or foster parent or treatment foster parent, if the minor has been placed in a foster home or treatment foster home, and the minor's parent has signed a waiver granting the department of health and family services, a county department under s. 46.215, 46.22, or 46.23, the Milwaukee County child welfare district, the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, or adult family member, as defined in s. 48.375 (2) (b), of any minor who has initiated an appeal under this section may attend or intervene in any proceeding under this section.

SB481, s. 118 Section 118. 938.355 (2b) of the statutes is amended to read:

SB481,58,3 938.355 (2b) Concurrent reasonable efforts permitted. A county department that provides social services or the agency primarily responsible for providing services to a juvenile under a court order may, at the same time as the county department or agency is making the reasonable efforts required under sub. (2) (b) 6., work with the department of health and family services, a county department under s. 48.57 (1) (e) or (hm), the Milwaukee County child welfare district, or a child welfare agency licensed under s. 48.61 (5) in making reasonable efforts to place the juvenile for adoption, with a guardian, or in some other alternative permanent placement.

SB481, s. 119 Section 119. 985.01 (1g) of the statutes is amended to read:

SB481,58,7 985.01 (1g) "Governing body" has the meaning given in s. 345.05 (1) (b) and includes a family care district board under s. 46.2895 and the Milwaukee County child welfare district board under s. 48.562.

SB481, s. 120 Section 120. 985.01 (3) of the statutes is amended to read:

SB481,58,11 985.01 (3) "Municipality" has the meaning in s. 345.05 (1) (c) and includes a family care district under s. 46.2895 and the Milwaukee County child welfare district under s. 48.562.

SB481, s. 121 Section 121. Effective dates. This act takes effect on the day after publication, except as follows:

SB481,58,15 (1) The repeal and recreation of section 40.02 (28) of the statutes takes effect on January 1, 2010.

SB481,58,16 (End)