SB510: Bill Text

LRB-3338/1

GMM:jld:ch

2003 - 2004 LEGISLATURE

2003 Senate BILL 510

March 1, 2004 - Introduced by Senator Reynolds, cosponsored by Representatives Musser, Ladwig, Albers, Hines and Petrowski. Referred to Committee on Health, Children, Families, Aging and Long Term Care.

SB510,1,8 An Act to renumber and amend 48.981 (3) (c) 1.; to amend 48.981 (7) (a) 1. and 48.981 (8) (d) 1.; and to create 48.981 (3) (c) 1. d. of the statutes; relating to: requiring an individual who is suspected of child abuse or neglect to be advised of the specific allegations that have been made against him or her and requiring training for persons who investigate or treat child abuse and neglect to include training in the constitutional and other legal rights of a child who is being observed or interviewed in connection with the investigation and the child's family.

Analysis by the Legislative Reference Bureau

Under current law, reports of suspected or threatened child abuse or neglect are confidential and may be disclosed only under certain exceptions. One of those exceptions permits a report to be disclosed to a person who is suspected of the abuse or neglect, except that any information that would identify the reporter may not be disclosed. This bill requires a person making an investigation of a report of suspected or threatened child abuse or neglect, at the initial contact with an individual who is suspected of the abuse or neglect, to advise the individual of the specific allegations that have been made against him or her, but prohibits the disclosure of any information that would identify the reporter or any other person who has provided information relating to the abuse or neglect.

Under current law, each staff member and supervisor of a county department of human services or social services (county department), the Department of Health and Family Services (DHFS), or a licensed child welfare agency under contract with a county department or DHFS to conduct child abuse and neglect investigations (collectively "agency") whose responsibilities include investigation or treatment of child abuse and neglect is required to complete training in child abuse and neglect protective services approved by DHFS. This bill requires that training to include training in the constitutional and other legal rights of a child who is being observed or interviewed in connection with an investigation and the child's family, including training in the rights guaranteed under the Fourth Amendment to the U. S. Constitution (the right to be secure against unreasonable search and seizure) and the right of a parent to direct the upbringing of his or her child guaranteed under the 14th Amendment to the U.S. Constitution, and training in the duty of an agency staff member or supervisor to protect those rights from the time of initial contact with the child and family until the investigation and all treatment provided to the child and family are concluded.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB510, s. 1 Section 1. 48.981 (3) (c) 1. of the statutes is renumbered 48.981 (3) (c) 1. a. and amended to read:

SB510,2,11 48.981 (3) (c) 1. a. Within 24 hours after receiving a report under par. (a), the agency shall, in accordance with the authority granted to the department under s. 48.48 (17) (a) 1. or the county department under s. 48.57 (1) (a), initiate a diligent investigation to determine if the child or unborn child is in need of protection or services. The investigation shall be conducted in accordance with the authority granted to the department under s. 48.48 (17) (a) 1. or the county department under s. 48.57 (1) (a) and in accordance with standards established by the department for conducting child abuse and neglect investigations or unborn child abuse investigations.

SB510,3,10 b. If the investigation is of a report of child abuse or neglect or of threatened child abuse or neglect by a caregiver specified in sub. (1) (am) 5. to 8. who continues to have access to the child or a caregiver specified in sub. (1) (am) 1. to 4., or of a report that does not disclose who is suspected of the child abuse or neglect and in which the investigation does not disclose who abused or neglected the child, the investigation shall also include observation of or an interview with the child, or both, and, if possible, an interview with the child's parents, guardian, or legal custodian. If the investigation is of a report of child abuse or neglect or threatened child abuse or neglect by a caregiver who continues to reside in the same dwelling as the child, the investigation shall also include, if possible, a visit to that dwelling.

SB510,3,18 c. At the initial visit to the child's dwelling, the person making the investigation shall identify himself or herself and the agency involved to the child's parents, guardian, or legal custodian. The agency may contact, observe, or interview the child at any location without permission from the child's parent, guardian , or legal custodian if necessary to determine if the child is in need of protection or services, except that the person making the investigation may enter a child's dwelling only with permission from the child's parent, guardian, or legal custodian or after obtaining a court order to do so.

SB510, s. 2 Section 2. 48.981 (3) (c) 1. d. of the statutes is created to read:

SB510,3,25 48.981 (3) (c) 1. d. At the initial contact with an individual who is suspected of abuse or neglect or of threatened abuse or neglect, the person making the investigation shall advise the individual of the specific allegations that have been made against him or her, but may not disclose any information that would identify the reporter or any other person who has provided information relating to the suspected or threatened abuse or neglect.

SB510, s. 3 Section 3. 48.981 (7) (a) 1. of the statutes is amended to read:

SB510,4,5 48.981 (7) (a) 1. The subject of a report, except that the person or agency maintaining the record or report may not disclose any information that would identify the reporter or any other person who has provided information relating to the suspected or threatened abuse or neglect.

SB510, s. 4 Section 4. 48.981 (8) (d) 1. of the statutes is amended to read:

SB510,4,22 48.981 (8) (d) 1. Each agency staff member and supervisor whose responsibilities include investigation or treatment of child abuse and neglect or of unborn child abuse shall successfully complete training in child abuse and neglect protective services and in unborn child abuse protective services approved by the department. The training shall include training in the constitutional and other legal rights of a child who is being observed or interviewed in connection with an investigation and the child's family, including training in the rights guaranteed under the 4th Amendment to the U.S. Constitution and the right of a parent to direct the upbringing of his or her child guaranteed under the 14th Amendment to the U.S. Constitution, and training in the duty of the agency staff member or supervisor to protect those rights from the time of initial contact with the child and family until the investigation and all treatment provided to the child and the family are concluded. The training shall also include information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 46.95 (1) (a). The department shall monitor compliance with this subdivision according to rules promulgated by the department.

SB510,4,23 (End)