48.981 History
History: Sup. Ct. Order, 59 Wis. 2d R1, R3 (1973);
1977 c. 355;
1977 c. 447 s.
210;
1979 c. 300;
1983 a. 172,
190,
299,
538;
1985 a. 29 ss.
917 to
930m,
3200 (56);
1985 a. 176,
234;
1987 a. 27,
186,
209;
1987 a. 332 s.
64;
1987 a. 334,
355,
399,
403;
1989 a. 31,
41,
102,
316,
359;
1991 a. 160,
263;
1993 a. 16,
105,
218,
227,
230,
246,
272,
318,
395,
443,
446,
491;
1995 a. 275,
289,
369,
456;
1997 a. 27,
114,
292,
293;
1999 a. 9,
20,
32,
56,
84,
149,
192;
2001 a. 16,
38,
59,
69,
70,
103,
105.
48.981 Annotation
Even if the authority for a warrantless search can be inferred from ch. 48, those provisions cannot supercede the constitutional provisions prohibiting unreasonable searches and seizures. State v. Boggess,
115 Wis. 2d 443,
340 N.W.2d 516 (1983).
48.981 AnnotationSection 48.981, 1983 stats., is not unconstitutionally vague. State v. Hurd,
135 Wis. 2d 266,
400 N.W.2d 42 (Ct. App. 1986).
48.981 Annotation
Immunity under sub. (4) extends to reporters who report the necessary information to another who they expect to and who does report to proper authorities. Investigating the allegation prior to reporting does not run afoul of the immediate reporting requirement of sub. (3) and does not affect immunity. Allegations of negligence by reporters are not sufficient to challenge the good faith requirement of sub. (4). Phillips v. Behnke,
192 Wis. 2d 552,
531 N.W.2d 619 (Ct. App. 1995).
48.981 Annotation
To overcome the presumption of good faith under sub. (4), more than a violation of sub. (3) is required. It must also be shown that the violation was "conscious" or "intentional." Drake v. Huber,
218 Wis. 2d 672,
582 N.W.2d 74 (Ct. App. 1998).
48.981 Annotation
This section provides no basis for civil liability against a person who may, but is not required to, report abuse. Gritzner v. Michael R. 2000 WI 68,
235 Wis. 2d 781,
611 N.W.2d 906.
48.981 Annotation
To "disclose" information under sub. (7), the recipient must have been previously unaware of the information at the time of the communication. The state has the burden to prove beyond a reasonable doubt that the disclosure took place. Sub. (7) is a strict liability statute; intent is not an element of a violation. State v. Polashek, 2002 WI 74, ___ Wis. 2d ___,
646 N.W.2d 330.
48.981 Annotation
The duty to report suspected cases of child abuse or neglect under s. 48.981 (3) (a) prevails over any inconsistent terms in s. 51.30. 68 Atty. Gen. 342.
48.981 Annotation
Consensual sexual conduct involving a 16 and 17 year old does not constitute child abuse.
72 Atty. Gen. 93.
48.981 Annotation
Medical or mental health professionals may report suspected child abuse under the permissive provisions of sub. (2) when the abuser, rather than victim, is seen in the course of professional duties. Section 51.30 does not bar such reports made in good faith.
76 Atty. Gen. 39.
48.981 AnnotationContracting out for services under this section is discussed.
76 Atty. Gen. 286.
48.981 AnnotationDisclosure under sub. (7) (a) 1. and (c) is mandatory.
77 Atty. Gen. 84.
48.981 Annotation
The responsibility of county departments of social services to investigate allegations of child abuse and neglect is discussed. Department staff members may interview a child on public school property and may exclude school personnel from the interview. School personnel cannot condition on-site interviews on notification of the child's parents.
79 Atty. Gen. 48.
48.981 Annotation
Members of a social services board in a county with a county executive or a county administrator may be granted access to child abuse and neglect files under s. 48.981 if access is necessary for the performance of their statutory duties.
79 Atty. Gen. 212.
48.981 Annotation
A district attorney or corporation counsel may reveal the contents of a report made under s. 48.981 in the course of a criminal prosecution or one of the civil proceedings enumerated under sub. (7) (a) 10.
81 Atty. Gen. 66.
48.981 Annotation
County departments have authority to transport a child to a county-recognized child advocacy center for the purpose of an investigatory interview without consent of the primary caretaker, if to do so is necessary to an investigation of alleged child maltreatment.
OAG 3-98.
48.981 Annotation
The confrontation clause does not require a defendant's access to confidential child abuse reports; due process requires that the court undertake an in camera inspection of the file to determine whether it contains material exculpatory evidence. Pennsylvania v. Ritchie,
480 U.S. 39 (1987).
48.981 Annotation
This section does not authorize a private cause of action for failure to report. Isley v. Capucian Province,
880 F. Supp. 1138 (1995).
48.982
48.982
Child abuse and neglect prevention board. 48.982(1)(bm)
(bm) "Cultural competency" means the ability of an individual or organization to understand and act respectfully toward, in a cultural context, the beliefs, interpersonal styles, attitudes and behaviors of persons and families of various cultures, including persons and families of various cultures who participate in services from the individual or organization and persons of various cultures who provide services for the individual or organization.
48.982(1)(d)
(d) "Organization" means a nonprofit organization, as defined under
s. 108.02 (19), or a public agency which provides or proposes to provide child abuse and neglect prevention and intervention services or parent education.
48.982(2)
(2) Powers and duties. The board shall:
48.982(2)(a)
(a) Biennially, develop and transmit to the governor and the presiding officer of each house of the legislature a plan for awarding grants to organizations. The plan shall assure that there is an equal opportunity for establishment of child abuse and neglect prevention programs, early childhood family education centers and right from the start projects. The plan shall also ensure that the grants will be distributed throughout all geographic areas of the state and in both urban and rural communities. For grants provided under
sub. (6), the plan shall also ensure that the grants are distributed based on population.
48.982(2)(b)
(b) Develop and publicize criteria for grant applications.
48.982(2)(c)
(c) Review and approve or disapprove grant applications and monitor the services provided under each grant awarded under
subs. (4),
(6) and
(7).
48.982(2)(d)
(d) Solicit and accept contributions, grants, gifts, and bequests for the children's trust fund or for any other purpose for which a contribution, grant, gift, or bequest is made and received. Moneys received under this paragraph, other than moneys received under
s. 341.14 (6r) (b) 6., may be credited to the appropriation accounts under
s. 20.433 (1) (i) or
(q). Interest earned on moneys received under
s. 341.14 (6r) (b) 6. may be credited to the appropriation account under
s. 20.433 (1) (q).
48.982(2)(e)
(e) Include as part of its annual report under
s. 15.07 (6) the names and locations of organizations receiving grants, the amounts provided as grants, the services provided by grantees and the number of persons served by each grantee.
48.982(2)(f)
(f) Establish a procedure for an annual evaluation of its functions, responsibilities and performance. In a year in which the biennial plan under
par. (a) is prepared, the evaluation shall be coordinated with the plan.
48.982(2)(g)
(g) In coordination with the departments of health and family services and public instruction:
48.982(2)(g)1.
1. Recommend to the governor, the legislature and state agencies changes needed in state programs, statutes, policies, budgets and rules to reduce the problems of child abuse and neglect, improve coordination among state agencies that provide prevention services and improve the condition of children and persons responsible for children who are in need of prevention program services.
48.982(2)(g)2.
2. Promote statewide educational and public informational seminars for the purpose of developing public awareness of the problems of child abuse and neglect.
48.982(2)(g)3.
3. Encourage professional persons and groups to recognize and deal with problems of child abuse and neglect.
48.982(2)(g)4.
4. Disseminate information about the problems of child abuse and neglect to the public and to organizations concerned with those problems.
48.982(2)(g)5.
5. Encourage the development of community child abuse and neglect prevention programs.
48.982(2)(gm)
(gm) Provide, for use by the board in its statewide projects under
sub. (5) and for use by organizations that receive grants under
subs. (4),
(6) and
(7), educational and public informational materials and programming that emphasize the role of fathers in the primary prevention of child abuse and neglect.
48.982(2e)(a)(a) The board may organize and maintain a nonstock, nonprofit corporation under
ch. 181 for the exclusive purpose of soliciting and accepting contributions, grants, gifts and bequests for the children's trust fund. Any contributions, grants, gifts or bequests accepted by the corporation shall be deposited in the children's trust fund and, in accordance with the wishes of the donor, shall be used for any of the purposes specified in
sub. (2m) or shall continue to accumulate in the children's trust fund pursuant to
s. 25.67 (2).
48.982(2e)(b)
(b) The board shall enter into a contract with any corporation organized and maintained under
par. (a). The contract shall provide that the board may make use of the services of the corporation and that the board may provide administrative services to the corporation. The type and scope of any administrative services provided by the board to the corporation and the board employees assigned to perform the services shall be determined by the board. The corporation may neither employ staff nor engage in political activities.
48.982(2e)(c)
(c) The corporation under
par. (a) shall donate any real property to the state within 5 years after acquiring the property unless holding the property for more than 5 years is consistent with sound business and financial practices and is approved by the joint committee on finance.
48.982(2e)(d)
(d) The board, the department of administration, the legislative fiscal bureau, the legislative audit bureau and the appropriate committee of each house of the legislature, as determined by the presiding officer, may examine all records of the corporation.
48.982(2e)(e)
(e) The board of directors of any corporation established under this subsection shall consist of 5 members, including the chairperson of the board and 4 members of the board, elected by the board, of which one shall be a legislator. No 2 members of the board of directors may be from the same category of board members under
s. 15.195 (4) (a) to
(g).
48.982(2e)(f)
(f) Any corporation established under this subsection shall be organized so that contributions to it will be deductible from adjusted gross income under section
170 of the Internal Revenue Code, as defined under
s. 71.01 (6), and so that the corporation will be exempt from taxation under section
501 of the Internal Revenue Code, as defined under
s. 71.22 (4), and under
s. 71.26 (1) (a).
48.982(2m)
(2m) Donation uses. If money is accepted by the board for the children's trust fund or for any other purpose under
sub. (2) (d) and appropriated under
s. 20.433 (1) (q), the board shall use the money in accordance with the wishes of the donor to do any of the following:
48.982(3)
(3) Staff and salaries. The board shall determine the qualifications of and appoint, in the classified service, an executive director and staff. The salaries of the executive director and staff and all actual and necessary operating expenses of the board shall be paid from the appropriations under
s. 20.433 (1) (g),
(i),
(k),
(m), and
(q).
48.982(4)(a)(a) From the appropriations under
s. 20.433 (1) (h),
(i),
(k),
(m) and
(q), the board shall award grants to organizations in accordance with the plan developed under
sub. (2) (a). In each of the first 2 fiscal years in which grants are awarded, no organization may receive a grant or grants totaling more than $30,000.
48.982(4)(b)
(b) A grant may be awarded only to an organization that agrees to match the grant, through money or in-kind services, as follows:
48.982(4)(b)1.
1. During the first year of the grant, at least 25% of the amount received for that year.
48.982(4)(b)2.
2. During the 2nd and subsequent years of a grant, at least 50% of the amount received for each year.
48.982(4)(c)
(c) Each grant application shall include proof of the organization's ability to comply with
par. (b). Any in-kind services proposed under
par. (b) are subject to the approval of the board.
48.982(4)(d)
(d) The board shall award grants to organizations for programs for the primary prevention of child abuse and neglect, including, but not limited to:
48.982(4)(d)1.
1. Programs to promote public awareness of the need for the prevention of child abuse and neglect.
48.982(4)(d)2.
2. Community-based programs on education for parenting, prenatal care, perinatal bonding, child development, care of children with special needs and coping with family stress.
48.982(4)(d)3.
3. Community-based programs relating to crisis care, early identification of children at risk of child abuse or neglect, and education, training and support groups for parents, children and families.
48.982(4)(e)
(e) In determining which organizations shall receive grants, the board shall consider whether the applicant's proposal will further the coordination of child abuse and neglect services between the organization and other resources, public and private, in the community and the state.
48.982(5)
(5) Statewide projects. From the appropriations under
s. 20.433 (1) (i) and
(q), the board shall administer any statewide project for which it has accepted money under
sub. (2m) (c).
48.982(6)
(6) Award of early childhood family education center grants. 48.982(6)(a)(a) From the appropriations under
s. 20.433 (1) (h),
(i),
(k),
(ma), and
(q), the board shall award grants to organizations in accordance with the request-for-proposal procedures developed under
sub. (2) (a). No organization may receive a grant or grants under this subsection totaling more than $150,000 in any year.
48.982(6)(am)
(am) Notwithstanding the geographical and urban and rural distribution requirements under
sub. (2) (a), the board shall allocate $75,000 from the appropriation under
s. 20.433 (1) (h) in each fiscal year for the awarding of grants, in accordance with the request-for-proposal procedures developed under
sub. (2) (a), to organizations located in counties with a population of 500,000 or more.
48.982(6)(b)
(b) A grant may be awarded only to an organization that agrees to make a 20% match to the grant, through either money or in-kind services.
48.982(6)(c)
(c) Each grant application shall include proof of the organization's ability to comply with
par. (b). Any in-kind services proposed under
par. (b) are subject to the approval of the board.
48.982(6)(d)
(d) The board shall award grants to organizations for programs that provide parenting education services but not crisis intervention. Grants shall be used for direct parent education and referrals to other social services programs and outreach programs, including programs that provide education to parents in their homes. For organizations applying for grants for the first time on or after July 1, 1998, the board shall give favorable consideration in awarding grants to organizations for programs in communities where home visitation programs that provide in-home visitation services to parents with newborn infants are in existence or are in development and, if grants are awarded, shall require programs supported by grants to maximize coordination with these home visitation programs. Programs supported by the grants shall track individual clients to ensure that they receive necessary services and shall emphasize direct services to families with children who are 3 years of age or less.
48.982(6)(e)
(e) Grants awarded under this subsection may not supplant any other funding for parenting education.
48.982(6)(f)
(f) By March 1, 1991, the board shall submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees on children, in the manner provided in
s. 13.172 (3). The report shall include all of the following information about grants made under this subsection:
48.982(6)(f)4.
4. Whether or not each grant recipient achieved its stated goals.
48.982(7)
(7) Award of right from the start grants. 48.982(7)(b)
(b) A grant may be awarded only to an organization that agrees to make a 30% match to the grant, through either money or in-kind services.
48.982(7)(c)
(c) Each grant application shall include proof of the organization's ability to comply with
par. (b). Any in-kind services proposed under
par. (b) are subject to the approval of the board.
48.982(7)(d)
(d) Each grant application shall include proof that the organization has the cultural competency to provide services under the grant to persons and families in the various cultures in the organization's target population and that cultural competency is incorporated in the organization's policies, administration and practices. Each grant application shall also include proof of the organization's ability to do all of the following:
48.982(7)(d)1.
1. Maximize the coordination of new and existing family support, educational and health services and minimize the duplication of those services by coordinating and collaborating with other organizations in the planning and provision of the organization's right from the start project.
48.982(7)(d)2.
2. Provide programs that identify and build on a family's strengths and that encourage a family to become independent from the organization's right from the start project and other human services programs.
48.982(7)(d)4.
4. Provide or coordinate the provision of the community-based outreach, educational and family support services of an early childhood family education center.
48.982(7)(e)
(e) The board shall award grants to organizations for programs that provide parenting education services but not crisis intervention. A program supported by a grant shall provide culturally competent outreach services to persons who are the parents of a newborn infant. A program supported by a grant shall emphasize direct services to families with children who are 3 years of age or less and shall provide or coordinate the provision of the community-based outreach, educational and family support services of an early childhood family education center. The board shall provide technical assistance to organizations receiving grants under this subsection.
48.982(7)(f)
(f) Grants awarded under this subsection may not supplant any other funding for parenting education.
48.982(7)(fg)
(fg) An organization that receives a grant under this subsection and under
sub. (6) may not use the grant moneys received under this subsection to provide any services that the organization provides under the grant received under
sub. (6).
48.982(7)(g)
(g) By September 1, 1995, the board shall submit a report to the appropriate standing committees under
s. 13.172 (3). The report shall include all of the following information about grants made under this subsection:
