48.981(2)(a)9.
9. A medical or mental health professional not otherwise specified in this paragraph.
48.981(2)(a)18.
18. A child care worker in a child care center, group home, or residential care center for children and youth.
48.981(2)(a)21.
21. A member of the treatment staff employed by or working under contract with a county department under
s. 46.23,
51.42, or
51.437 or a residential care center for children and youth.
48.981(2)(b)
(b) A court-appointed special advocate who has reasonable cause to suspect that a child seen in the course of activities under
s. 48.236 (3) has been abused or neglected or who has reason to believe that a child seen in the course of those activities has been threatened with abuse and neglect and that abuse or neglect of the child will occur shall, except as provided in
sub. (2m), report as provided in
sub. (3).
48.981(2)(bm)1.1. Except as provided in
subd. 3. and
sub. (2m), a member of the clergy shall report as provided in
sub. (3) if the member of the clergy has reasonable cause to suspect that a child seen by the member of the clergy in the course of his or her professional duties:
48.981(2)(bm)2.
2. Except as provided in
subd. 3. and
sub. (2m), a member of the clergy shall report as provided in
sub. (3) if the member of the clergy has reasonable cause, based on observations made or information that he or she receives, to suspect that a member of the clergy has done any of the following:
48.981(2)(bm)3.
3. A member of the clergy is not required to report child abuse information under
subd. 1. or
2. that he or she receives solely through confidential communications made to him or her privately or in a confessional setting if he or she is authorized to hear or is accustomed to hearing such communications and, under the disciplines, tenets, or traditions of his or her religion, has a duty or is expected to keep those communications secret. Those disciplines, tenets, or traditions need not be in writing.
48.981(2)(c)
(c) Any person not otherwise specified in
par. (a),
(b), or
(bm), including an attorney, who has reason to suspect that a child has been abused or neglected or who has reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may report as provided in
sub. (3).
48.981(2)(d)
(d) Any person, including an attorney, who has reason to suspect that an unborn child has been abused or who has reason to believe that an unborn child is at substantial risk of abuse may report as provided in
sub. (3).
48.981(2)(e)
(e) No person making a report under this subsection may be discharged from employment for so doing.
48.981(2m)
(2m) Exception to reporting requirement. 48.981(2m)(a)(a) The purpose of this subsection is to allow children to obtain confidential health care services.
48.981(2m)(b)2.
2. "Health care service" means family planning services, as defined in s.
253.07 (1) (b), 1995 stats., pregnancy testing, obstetrical health care or screening, diagnosis and treatment for a sexually transmitted disease.
48.981(2m)(c)
(c) Except as provided under
pars. (d) and
(e), the following persons are not required to report as suspected or threatened abuse, as defined in
s. 48.02 (1) (b), sexual intercourse or sexual contact involving a child:
48.981(2m)(c)1.
1. A health care provider who provides any health care service to a child.
48.981(2m)(c)4.
4. A person who obtains information about a child who is receiving or has received health care services from a health care provider.
48.981(2m)(d)
(d) Any person described under
par. (c) 1. or
4. shall report as required under
sub. (2) if he or she has reason to suspect any of the following:
48.981(2m)(d)1.
1. That the sexual intercourse or sexual contact occurred or is likely to occur with a caregiver.
48.981(2m)(d)2.
2. That the child suffered or suffers from a mental illness or mental deficiency that rendered or renders the child temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.
48.981(2m)(d)3.
3. That the child, because of his or her age or immaturity, was or is incapable of understanding the nature or consequences of sexual intercourse or sexual contact.
48.981(2m)(d)4.
4. That the child was unconscious at the time of the act or for any other reason was physically unable to communicate unwillingness to engage in sexual intercourse or sexual contact.
48.981(2m)(d)5.
5. That another participant in the sexual contact or sexual intercourse was or is exploiting the child.
48.981(2m)(e)
(e) In addition to the reporting requirements under
par. (d), a person described under
par. (c) 1. or
4. shall report as required under
sub. (2) if he or she has any reasonable doubt as to the voluntariness of the child's participation in the sexual contact or sexual intercourse.
48.981(3)(a)1.1. A person required to report under
sub. (2) shall immediately inform, by telephone or personally, 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 or the sheriff or city, village, or town police department of the facts and circumstances contributing to a suspicion of child abuse or neglect or of unborn child abuse or to a belief that abuse or neglect will occur.
48.981(3)(a)2.
2. The sheriff or police department shall within 12 hours, exclusive of Saturdays, Sundays, or legal holidays, refer to 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 all of the following types of cases reported to the sheriff or police department:
48.981(3)(a)2.a.
a. Cases in which a caregiver is suspected of abuse or neglect or of threatened abuse or neglect of a child.
48.981(3)(a)2.b.
b. Cases in which a caregiver is suspected of facilitating or failing to take action to prevent the suspected or threatened abuse or neglect of a child.
48.981(3)(a)2.c.
c. Cases in which it cannot be determined who abused or neglected or threatened to abuse or neglect a child.
48.981(3)(a)2.d.
d. Cases in which there is reason to suspect that an unborn child has been abused or there is reason to believe that an unborn child is at substantial risk of abuse.
48.981(3)(a)2d.
2d. The sheriff or police department may refer to 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 a case reported to the sheriff or police department in which a person who is not a caregiver is suspected of abuse or of threatened abuse of a child.
48.981(3)(a)2g.
2g. The county department, department, or licensed child welfare agency may require that a subsequent report of a case referred under
subd. 2. or
2d. be made in writing.
48.981(3)(a)3.
3. Except as provided in
sub. (3m), a county department, the department, or a licensed child welfare agency under contract with the department shall within 12 hours, exclusive of Saturdays, Sundays, or legal holidays, refer to the sheriff or police department all cases of suspected or threatened abuse, as defined in
s. 48.02 (1) (b) to
(f), reported to it. For cases of suspected or threatened abuse, as defined in
s. 48.02 (1) (a),
(am),
(g), or
(gm), or neglect, each county department, the department, and a licensed child welfare agency under contract with the department shall adopt a written policy specifying the kinds of reports it will routinely report to local law enforcement authorities.
48.981(3)(a)4.
4. If the report is of suspected or threatened abuse, as defined in
s. 48.02 (1) (b) to
(f), the sheriff or police department and the county department, department, or licensed child welfare agency under contract with the department shall coordinate the planning and execution of the investigation of the report.
48.981(3)(b)1.1. Any person reporting under this section may request an immediate investigation by the sheriff or police department if the person has reason to suspect that the health or safety of a child or of an unborn child is in immediate danger. Upon receiving such a request, the sheriff or police department shall immediately investigate to determine if there is reason to believe that the health or safety of the child or unborn child is in immediate danger and take any necessary action to protect the child or unborn child.
48.981(3)(b)2.
2. If the investigating officer has reason under
s. 48.19 (1) (c) or
(cm) or
(d) 5. or
8. to take a child into custody, the investigating officer shall take the child into custody and deliver the child to the intake worker under
s. 48.20.
48.981(3)(b)2m.
2m. If the investigating officer has reason under
s. 48.193 (1) (c) or
(d) 2. to take the adult expectant mother of an unborn child into custody, the investigating officer shall take the adult expectant mother into custody and deliver the adult expectant mother to the intake worker under
s. 48.203.
48.981(3)(b)3.
3. If the sheriff or police department determines that criminal action is necessary, the sheriff or police department shall refer the case to the district attorney for criminal prosecution. Each sheriff and police department shall adopt a written policy specifying the kinds of reports of suspected or threatened abuse, as defined in
s. 48.02 (1) (b) to
(f), that the sheriff or police department will routinely refer to the district attorney for criminal prosecution.
48.981(3)(bm)
(bm)
Notice of report to Indian tribal agent. In a county that has wholly or partially within its boundaries a federally recognized Indian reservation or a bureau of Indian affairs service area for the Ho-Chunk tribe, if a county department that receives a report under
par. (a) pertaining to a child or unborn child knows or has reason to know that the child is an Indian child who resides in the county or that the unborn child is an Indian unborn child whose expectant mother resides in the county, the county department shall provide notice, which shall consist only of the name and address of the Indian child or expectant mother and the fact that a report has been received about that Indian child or Indian unborn child, within 24 hours to one of the following:
48.981(3)(bm)1.
1. If the county department knows with which Indian tribe the child is affiliated, or with which Indian tribe the Indian unborn child, when born, may be eligible for affiliation, and the Indian tribe is a Wisconsin Indian tribe, the tribal agent of that tribe.
48.981(3)(bm)2.
2. If the county department does not know with which Indian tribe the child is affiliated, or with which Indian tribe the Indian unborn child, when born, may be eligible for affiliation, or the child or expectant mother is not affiliated with a Wisconsin Indian tribe, the tribal agent serving the reservation or Ho-Chunk service area where the child or expectant mother resides.
48.981(3)(bm)3.
3. If neither
subd. 1. nor 2. applies, any tribal agent serving a reservation or Ho-Chunk service area in the county.
48.981(3)(c)1.a.a. Immediately after receiving a report under
par. (a), the agency shall evaluate the report to determine whether there is reason to suspect that a caregiver has abused or neglected the child, has threatened the child with abuse or neglect, or has facilitated or failed to take action to prevent the suspected or threatened abuse or neglect of the child. Except as provided in
sub. (3m), if the agency determines that a caregiver is suspected of abuse or neglect or of threatened abuse or neglect of the child, determines that a caregiver is suspected of facilitating or failing to take action to prevent the suspected or threatened abuse or neglect of the child, or cannot determine who abused or neglected the child, within 24 hours after receiving the report 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 is in need of protection or services. If the agency determines that a person who is not a caregiver is suspected of abuse or of threatened abuse, the agency may, in accordance with that authority, initiate a diligent investigation to determine if the child is in need or protection or services. Within 24 hours after receiving a report under
par. (a) of suspected unborn child abuse, the agency, in accordance with that authority, shall initiate a diligent investigation to determine if the unborn child is in need of protection or services. An investigation under this
subd. 1. a. shall be conducted in accordance with standards established by the department for conducting child abuse and neglect investigations or unborn child abuse investigations.
48.981(3)(c)1.b.
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. 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 permitting the person to do so.
48.981(3)(c)2.a.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.
48.981(3)(c)2.b.
b. If the person making the investigation is an employee of a licensed child welfare agency which is under contract with the county department and he or she determines that any child in the home requires immediate protection, he or she shall notify the county department of the circumstances and together with an employee of the county department 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.
48.981(3)(c)2m.a.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.
48.981(3)(c)2m.b.
b. If the person making the investigation is an employee of a licensed child welfare agency which is under contract with the county department and he or she determines that any unborn child requires immediate protection, he or she shall notify the county department of the circumstances and together with an employee of the county department shall take the expectant mother of the unborn child 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.
48.981(3)(c)3.
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, 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, 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.
48.981(3)(c)4.
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 that the county department, department, or licensed child welfare agency investigates under
subd. 1., 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.
48.981(3)(c)5.
5. The agency shall maintain a record of its actions in connection with each report it receives. The record shall include a description of the services provided to any child and to the parents, guardian or legal custodian of the child or to any expectant mother of an unborn child. The agency shall update the record every 6 months until the case is closed.
48.981(3)(c)5m.
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, 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.
