48.981(7)(a)11r.
11r. A volunteer court-appointed special advocate designated under
s. 48.236 (1) or person employed by a court-appointed special advocate program recognized by the chief judge of a judicial administrative district under
s. 48.07 (5), to the extent necessary for the court-appointed special advocate to perform the advocacy services specified in
s. 48.236 (3) that the court-appointed special advocate was designated to perform in proceedings related to a petition under
s. 48.13.
48.981(7)(a)12.
12. A person engaged in bona fide research, with the permission of the department. Information identifying subjects and reporters may not be disclosed to the researcher.
48.981(7)(a)14.
14. A grand jury if it determines that access to specified records is necessary for the conduct of its official business.
48.981(7)(a)15.
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.
48.981(7)(a)15g.
15g. A citizen review panel established or designated by the department or a county department.
48.981(7)(a)15m.
15m. A coroner, medical examiner or pathologist or other physician investigating the cause of death of a child whose death is unexplained or unusual or is associated with unexplained or suspicious circumstances.
48.981(7)(a)17.
17. A federal agency, state agency of this state or any other state or local governmental unit located in this state or any other state that has a need for a report or record in order to carry out its responsibility to protect children from abuse or neglect or to protect unborn children from abuse.
48.981(7)(am)
(am) Notwithstanding
par. (a) (intro.), a tribal agent who receives notice under
sub. (3) (bm) may disclose the notice to a tribal social services department.
48.981(7)(b)
(b) Notwithstanding
par. (a), either parent of a child may authorize the disclosure of a record for use in a child custody proceeding under
s. 767.24 or
767.325 or in an adoption proceeding under
s. 48.833,
48.835,
48.837 or
48.839 when the child has been the subject of a report. Any information that would identify a reporter shall be deleted before disclosure of a record under this paragraph.
48.981(7)(c)
(c) Notwithstanding
par. (a), the subject of a report may authorize the disclosure of a record to the subject's attorney. The authorization shall be in writing. Any information that would identify a reporter shall be deleted before disclosure of a record under this paragraph.
48.981(7)(cr)1.1. Notwithstanding
par. (a) and subject to
subd. 3., an agency may disclose to the general public a written summary of the information specified in
subd. 2. relating to any child who has died or been placed in serious or critical condition, as determined by a physician, as a result of any suspected abuse or neglect that has been reported under this section if any of the following circumstances apply:
48.981(7)(cr)1.a.
a. A person has been charged with a crime for causing the death or serious or critical condition of the child as a result of the suspected abuse or neglect, or the district attorney indicates that a person who is deceased would have been charged with a crime for causing the death or serious or critical condition of the child as a result of the suspected abuse or neglect, but for the fact that the person is deceased.
48.981(7)(cr)1.b.
b. A judge, district attorney, law enforcement officer, law enforcement agency or any other officer or agency whose official duties include the investigation or prosecution of crime has previously disclosed to the public, in the performance of the official duties of the officer or agency, that the suspected abuse or neglect of the child has been investigated under
sub. (3) or that child welfare services have been provided to the child or the child's family under this chapter.
48.981(7)(cr)1.c.
c. A parent, guardian or legal custodian of the child or the child, if 14 years of age or over, has previously disclosed or authorized the disclosure of the information specified in
subd. 2.
48.981(7)(cr)2.
2. If an agency is permitted to disclose information under
subd. 1. relating to a child who has died or been placed in serious or critical condition as a result of any suspected abuse or neglect that has been reported under this section, the agency may disclose all of the following information from its records:
48.981(7)(cr)2.a.
a. A description of any investigation made by the agency in response to the report of the suspected abuse or neglect, a statement of the determination made by the agency under
sub. (3) (c) 4. with respect to the report and the basis for that determination, a statement of whether any services were offered or provided to the child, the child's family or the person suspected of the abuse or neglect and a statement of whether any other action was taken by the agency to protect the child who is the subject of the report or any other child residing in the same dwelling as the child who is the subject of the report.
48.981(7)(cr)2.b.
b. Whether any previous report of suspected or threatened abuse or neglect of the child has been made to the agency and the date of the report, a statement of the determination made by the agency under
sub. (3) (c) 4. with respect to the report and the basis for that determination, a statement of whether any services were offered or provided to the child, the child's family or the person suspected of the abuse or neglect and a statement of whether any other action was taken by the agency to protect the child who is the subject of the report or any other child residing in the same dwelling as the child who is the subject of the report.
48.981(7)(cr)2.c.
c. Whether the child or the child's family has received any services under this chapter prior to the report of suspected abuse or neglect that caused the child's death or serious or critical condition or any previous report of suspected or threatened abuse or neglect.
48.981(7)(cr)3.
3. An agency may not disclose any of the information described in
subd. 2. if any of the following applies:
48.981(7)(cr)3.a.
a. The agency determines that disclosure of the information would be contrary to the best interests of the child who is the subject of the report, the child's siblings or any other child residing in the same dwelling as the child who is the subject of the report or that disclosure of the information is likely to cause mental, emotional or physical harm or danger to the child who is the subject of the report, the child's siblings, any other child residing in the same dwelling as the child who is the subject of the report or any other person.
48.981(7)(cr)3.b.
b. The district attorney determines that disclosure of the information would jeopardize any ongoing or future criminal investigation or prosecution or would jeopardize a defendant's right to a fair trial.
48.981(7)(cr)3.c.
c. The agency determines that disclosure of the information would jeopardize any ongoing or future civil investigation or proceeding or would jeopardize the fairness of such a proceeding.
48.981(7)(cr)3.d.
d. Disclosure of the information is not authorized by state law or rule or federal law or regulation.
48.981(7)(cr)3.e.
e. The investigation under
sub. (3) of the report of the suspected abuse or neglect has not been completed, in which case the agency may only disclose that the report is under investigation.
48.981(7)(cr)3.f.
f. Disclosure of the information would reveal the identity of the child who is the subject of the report, the child's siblings, the child's parent, guardian or legal custodian or any other person residing in the same dwelling as the child, and information that would reveal the identity of those persons has not previously been disclosed to the public.
48.981(7)(cr)3.g.
g. Disclosure of the information would reveal the identity of a reporter or any other person who provides information relating to the suspected abuse or neglect of the child.
48.981(7)(cr)4.
4. Any person who requests the information specified in
subd. 2. under the circumstances specified in
subd. 1. and whose request is denied may petition the court to order the disclosure of that information. On receiving a petition under this subdivision, the court shall notify the agency, the district attorney, the child and the child's parent, guardian or legal custodian of the petition. If any person notified objects to the disclosure, the court may hold a hearing to take evidence and hear argument relating to the disclosure of the information. The court shall make an in camera inspection of the information sought to be disclosed and shall order disclosure of the information, unless the court finds that any of the circumstances specified in
subd. 3. apply.
48.981(7)(cr)5.
5. Any person acting in good faith in disclosing or refusing to disclose the information specified in
subd. 2. under the circumstances specified in
subd. 1. is immune from any liability, civil or criminal, that may result by reason of that disclosure or nondisclosure. For purposes of any proceeding, civil or criminal, the good faith of a person in disclosing or refusing to disclose the information specified in
subd. 2. under the circumstances specified in
subd. 1. shall be presumed.
48.981(7)(d)
(d) Notwithstanding
par. (a), the department may have access to any report or record maintained by an agency under this section.
48.981(7)(e)
(e) A person to whom a report or record is disclosed under this subsection may not further disclose it, except to the persons and for the purposes specified in this section.
48.981(7)(f)
(f) Any person who violates this subsection, or who permits or encourages the unauthorized dissemination or use of information contained in reports and records made under this section, may be fined not more than $1,000 or imprisoned not more than 6 months or both.
48.981(8)
(8) Education, training and program development and coordination. 48.981(8)(a)(a) The department, the county departments, and a licensed child welfare 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 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 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.
48.981(8)(b)
(b) The department shall to the extent feasible ensure that there are available in the state administrative procedures, personnel trained in child abuse and neglect and in unborn child abuse, multidisciplinary programs and operational procedures and capabilities to deal effectively with child abuse and neglect cases and with unborn child abuse cases. These procedures and capabilities may include, but are not limited to, receipt, investigation and verification of reports; determination of treatment or ameliorative social services; or referral to the appropriate court.
48.981(8)(c)
(c) In meeting its responsibilities under
par. (a) or
(b), the department, a county department or a licensed child welfare 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 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.
48.981(8)(d)1.1. 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 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.
48.981(8)(d)2.
2. Each year the department shall make available training programs that permit intake workers and agency staff members and supervisors to satisfy the requirements under
subd. 1. and
s. 48.06 (1) (am) 3. and
(2) (c).
48.981(9)
(9) Annual reports. Annually, the department shall prepare and transmit to the governor, and to the legislature under
s. 13.172 (2), a report on the status of child abuse and neglect programs and on the status of unborn child abuse programs. The report shall include a full statistical analysis of the child abuse and neglect reports, and the unborn child abuse reports, made through the last calendar year, an evaluation of services offered under this section and their effectiveness, and recommendations for additional legislative and other action to fulfill the purpose of this section. The department shall provide statistical breakdowns by county, if requested by a county.
48.981(10)
(10) Current list of tribal agents. The department shall annually provide to each agency described in
sub. (3) (bm) (intro.) a current list of all tribal agents in the state.
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;
2003 a. 33,
279,
321.
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,
253 Wis. 2d 527,
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
To the extent sub. (3) (c) 1. authorizes government officials to interview children suspected of being abused on private property and without a warrant, probable cause, consent, or exigent circumstances, it is unconstitutional as applied. However, it can be constitutionally applied, such as when government officials interview a child on public school property when they have definite and articulable evidence giving rise to a reasonable suspicion that a child has been abused by his or her parents or is in imminent danger of parental abuse. Doe v. Heck,
327 F.3d 492 (2003).
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).
