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f. The findings on which the agency bases its reasonable suspicion that an
6egregious incident has occurred, including any material circumstances leading to the
7death or serious or critical condition of the child.
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g. A summary of any services that have been provided to the child's family since
9the date of the egregious incident.
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5. If the child was placed in an out-of-home placement at the time of the
11egregious incident, the summary report under subd. 3. shall contain all of the
12following:
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a. Information about the child, including the age, gender, and race or ethnicity
14of the child and, if relevant to the egregious incident, a description of any special
15needs of the child.
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b. A description of the out-of-home placement, including the basis for the
17decision to place the child in that placement.
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c. A summary of any actions taken by the agency relating to the supervision
19of the child's out-of-home placement.
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d. A description of all other persons residing in the out-of-home placement.
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e. The licensing history of the out-of-home placement, including the type of
22license held by the operator of the placement, the period for which the placement has
23been licensed, and a summary of all violations by the licensee of any provisions of
24licensure under s. 48.70 (1) or rules promulgated by the department under s. 48.67
1and of any other actions by the licensee or an employee of the licensee that constitute
2a substantial failure to protect and promote the health, safety, and welfare of a child.
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f. The suspected cause of the death or serious or critical condition of the child,
4as reported by the agency under subd. 2. c.
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g. The findings on which the agency bases its reasonable suspicion that an
6egregious incident has occurred, including any material circumstances leading to the
7death or serious or critical condition of the child.
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6. A summary report under subd. 3. may not include any of the following:
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a. Any information that would reveal the identity of the child who is the subject
10of the summary report, any member of the child's family, or any caregiver of the child.
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b. Any information that would reveal the identity of any employee of the agency
12that provided the information under subd. 2.
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c. Any information that would reveal the identity of a reporter or of any other
14person who provides information relating to the egregious incident.
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d. Any confidential medical, psychological, or psychiatric information relating
16to the child or to any member of the child's family that is not relevant to the egregious
17incident.
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e. Any information the disclosure of which is not authorized by state law or rule
19or federal law or regulation.
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7. The subunit of the department that prepares a summary report under subd.
213. may not transmit the summary report to the legislature or make the summary
22report available to the public if the subunit determines that disclosure of the
23summary report would jeopardize any of the following:
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a. Any ongoing or future criminal investigation or prosecution or a defendant's
25right to a fair trial.
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1b. Any ongoing or future civil investigation or proceeding or the fairness of such
2a proceeding.
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8. Any person acting in good faith in providing information under subd. 2. or
4in preparing, transmitting, or making available a summary report under subd. 3. is
5immune from any liability, civil, or criminal, that may result by reason of those
6actions. For purposes of any proceeding, civil or criminal, the good faith of a person
7in providing information under subd. 2. or in preparing, transmitting, or making
8available a summary report under subd. 3. shall be presumed.
SB79, s. 2
9Section
2. 48.981 (9) of the statutes is renumbered 48.981 (9) (a) (intro.) and
10amended to read:
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48.981
(9) (a) (intro.) Annually, the department shall prepare and transmit to
12the governor, and to the legislature under s. 13.172 (2), a report on the status of child
13abuse and neglect programs and on the status of unborn child abuse programs. The
14report shall include
a all of the following:
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151. A full statistical analysis of the child abuse and neglect reports, and the
16unborn child abuse reports, made through the last calendar year,
an broken down by
17reports of abuse or neglect by the primary caregivers of children; reports of abuse or
18neglect of children placed in out-of-home placements by persons residing in those
19placements; and reports of the deaths of children receiving services under this
20chapter, including the causes of those deaths.
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213. An evaluation of services offered under this section and their effectiveness
,
22and recommendations.
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234. Recommendations for additional legislative and other action to fulfill the
24purpose of this section.
The
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1(b) If requested by a county, the department shall provide statistical
2breakdowns
by county, if requested by a county by county of the information provided
3in the report under par. (a).
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4Section
3. 48.981 (9) (a) 2. of the statutes is created to read:
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48.981
(9) (a) 2. A cumulative report of all summary reports of egregious
6incidents prepared under sub. (7) (cr) 3. through the last calendar year and
7recommendations for changes in state or local policies, procedures, or programs,
8including changes in statutes or rules, to prevent egregious incidents.
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(1)
Egregious incident reporting. This act first applies to an egregious
11incident, as defined in section 48.981 (7) (cr) 1. of the statutes, as affected by this act,
12that occurs on the effective date of this subsection.
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(1)
Egregious incident reporting. This act takes effect on the first day of the
153rd month beginning after publication.