48.981(3)(d)1.1. In this paragraph, "agent" includes, but is not limited to, a foster parent, treatment foster parent or other person given custody of a child or a human services professional employed by a county department under
s. 51.42 or
51.437 or by a child welfare agency who is working with a child or an expectant mother of an unborn child under contract with or under the supervision of the department in a county having a population of 500,000 or more or a county department under
s. 46.22.
Effective date note
NOTE: Subd. 1. is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
1. In this paragraph, "agent" includes a foster parent or other person given custody of a child or a human services professional employed by a county department under s. 51.42 or 51.437 or by a child welfare agency who is working with a child or an expectant mother of an unborn child under contract with or under the supervision of the department in a county having a population of 500,000 or more or a county department under s. 46.22.
48.981(3)(d)2.
2. If an agent or employee of an agency required to investigate under this subsection is the subject of a report, or if the agency determines that, because of the relationship between the agency and the subject of a report, there is a substantial probability that the agency would not conduct an unbiased investigation, the agency shall, after taking any action necessary to protect the child or unborn child, notify the department. Upon receipt of the notice, the department, in a county having a population of less than 500,000 or a county department or child welfare agency designated by the department in any county shall conduct an independent investigation. If the department designates a county department under
s. 46.22,
46.23,
51.42 or
51.437, that county department shall conduct the independent investigation. If a licensed child welfare agency agrees to conduct the independent investigation, the department may designate the child welfare agency to do so. The powers and duties of the department or designated county department or child welfare agency making an independent investigation are those given to county departments under
par. (c).
48.981(3m)
(3m) Alternative response pilot program. 48.981(3m)(a)(a) In this subsection, "substantial abuse or neglect" means abuse or neglect or threatened abuse or neglect that under the guidelines developed by the department under
par. (b) constitutes severe abuse or neglect or a threat of severe abuse or neglect and a significant threat to the safety of a child and his or her family.
48.981(3m)(b)
(b) The department shall establish a pilot program under which an agency in a county having a population of 500,000 or more or a county department that is selected to participate in the pilot program may employ alternative responses to a report of abuse or neglect or of threatened abuse or neglect. The department shall select an agency in a county having a population of 500,000 or more and not more than 4 county departments to participate in the pilot program in accordance with the department's request-for-proposal procedures and according to criteria developed by the department. Those criteria shall include an assessment of the plan of an agency or county department for involving the community in providing services for a family that is participating in the pilot program and a determination of whether an agency or a county department has an agreement with local law enforcement agencies and the representative of the public under
s. 48.09 to ensure interagency cooperation in implementing the pilot program. To implement the pilot program, the department shall provide all of the following:
48.981(3m)(b)1.
1. Guidelines for determining the appropriate alternative response to a report of abuse or neglect or of threatened abuse or neglect, including guidelines for determining what types of abuse or neglect or threatened abuse or neglect constitute substantial abuse or neglect. The department need not promulgate those guidelines as rules under
ch. 227.
48.981(3m)(b)2.
2. Training and technical assistance for an agency or county department that is selected to participate in the pilot program.
48.981(3m)(c)
(c) Immediately after receiving a report under
sub. (3) (a), an agency or county department that is participating in the pilot program shall evaluate the report to determine the most appropriate alternative response under
subds. 1. to
3. to the report. Based on that evaluation, the agency or county department shall respond to the report as follows:
48.981(3m)(c)1.
1. If the agency or county department determines that there is reason to suspect that substantial abuse or neglect has occurred or is likely to occur or that an investigation under
sub. (3) is otherwise necessary to ensure the safety of the child and his or her family, the agency or county department shall investigate the report as provided in
sub. (3). If in conducting that investigation the agency or county department determines that it is not necessary for the safety of the child and his or her family to complete the investigation, the agency or county department may terminate the investigation and conduct an assessment under
subd. 2. If the agency or county department terminates an investigation, the agency or county department shall document the reasons for terminating the investigation and notify any law enforcement agency that is cooperating in the investigation.
48.981(3m)(c)2.a.a. If the agency or county department determines that there is reason to suspect that abuse or neglect, other than substantial abuse or neglect, has occurred or is likely to occur, but that under the guidelines developed by the department under
par. (b) there is no immediate threat to the safety of the child and his or her family and court intervention is not necessary, the agency or county department shall conduct a comprehensive assessment of the safety of the child and his or her family, the risk of subsequent abuse or neglect, and the strengths and needs of the child's family to determine whether services are needed to address those issues assessed and, based on the assessment, shall offer to provide appropriate services to the child's family on a voluntary basis or refer the child's family to a service provider in the community for the provision of those services.
48.981(3m)(c)2.b.
b. If the agency or county department employs the assessment response under
subd. 2. a., the agency or county department is not required to refer the report to the sheriff or police department under
sub. (3) (a) 3. or determine by a preponderance of the evidence under
sub. (3) (c) 4. that abuse or neglect has occurred or is likely to occur or that a specific person has abused or neglected the child. If in conducting the assessment the agency or county department determines that there is reason to suspect that substantial abuse or neglect has occurred or is likely to occur or that an investigation under
sub. (3) is otherwise necessary to ensure the safety of the child and his or her family, the agency or county department shall immediately commence an investigation under
sub. (3).
48.981(3m)(c)3.
3. If the agency or county department determines that there is no reason to suspect that abuse or neglect has occurred or is likely to occur, the agency or county department shall refer the child's family to a service provider in the community for the provision of appropriate services on a voluntary basis. If the agency or county department employs the community services response under this subdivision, the agency or county department is not required to conduct an assessment under
subd. 2., refer the report to the sheriff or police department under
sub. (3) (a) 3., or determine by a preponderance of the evidence under
sub. (3) (c) 4. that abuse or neglect has occurred or is likely to occur or that a specific person has abused or neglected the child.
48.981(3m)(d)
(d) The department shall conduct an evaluation of the pilot program and, by July 1, 2012, shall submit a report of that evaluation to the governor and to the appropriate standing committees of the legislature under
s. 13.172 (3). The evaluation shall assess the issues encountered in implementing the pilot program and the overall operations of the pilot program, include specific measurements of the effectiveness of the pilot program, and make recommendations to improve that effectiveness. Those specific measurements shall include all of the following:
48.981(3m)(d)1.
1. The turnover rate of the agency or county department caseworkers providing services under the pilot program.
48.981(3m)(d)3.
3. The number of families that accepted, and the number of families that declined to accept, services offered under
par. (c) 2. and
3.
48.981(3m)(d)5.
5. The impact of the pilot program on the number of out-of-home placements of children by the agencies or county departments participating in the pilot program.
48.981(3m)(d)6.
6. The availability of services to address the issues of child and family safety, risk of subsequent abuse or neglect, and family strengths and needs in the communities served under the pilot project.
48.981(3m)(d)7g.
7g. The rate at which children referred for each type of response specified in
par. (c) 1. to
3. are subsequently the subjects of reports of suspected or threatened abuse or neglect.
48.981(3m)(d)7m.
7m. The satisfaction of families referred for each type of response specified in
par. (c) 1. to
3. with the process used to respond to those referrals.
48.981(3m)(d)7r.
7r. The cost effectiveness of responding to reports of suspected or threatened abuse or neglect in the manner provided under the pilot program.
48.981(4)
(4) Immunity from liability. Any person or institution participating in good faith in the making of a report, conducting an investigation, ordering or taking of photographs or ordering or performing medical examinations of a child or of an expectant mother under this section shall have immunity from any liability, civil or criminal, that results by reason of the action. For the purpose of any proceeding, civil or criminal, the good faith of any person reporting under this section shall be presumed. The immunity provided under this subsection does not apply to liability for abusing or neglecting a child or for abusing an unborn child.
48.981(5)
(5) Coroner's report. Any person or official required to report cases of suspected child abuse or neglect who has reasonable cause to suspect that a child died as a result of child abuse or neglect shall report the fact to the appropriate medical examiner or coroner. The medical examiner or coroner shall accept the report for investigation and shall report the findings to the appropriate district attorney; to the department or, in a county having a population of 500,000 or more, to a licensed child welfare agency under contract with the department; to the county department and, if the institution making the report initially is a hospital, to the hospital.
48.981(6)
(6) Penalty. Whoever intentionally violates this section by failure to report as required may be fined not more than $1,000 or imprisoned not more than 6 months or both.
48.981(7)(a)(a) All reports made under this section, notices provided under
sub. (3) (bm) and records maintained by an agency and other persons, officials and institutions shall be confidential. Reports and records may be disclosed only to the following persons:
48.981(7)(a)1.
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.
48.981(7)(a)1m.
1m. A reporter described in
sub. (3) (c) 6m. who makes a written request to an agency for information regarding what action, if any, was taken to protect the health and welfare of the child or unborn child who is the subject of the report, unless a court order under
sub. (3) (c) 6m. prohibits disclosure of that information to that reporter, except that the only information that may be disclosed is information in the record regarding what action, if any, was taken to protect the health and welfare of the child or unborn child who is the subject of the report.
48.981(7)(a)2.
2. Appropriate staff of an agency or a tribal social services department.
48.981(7)(a)3.
3. An attending physician for purposes of diagnosis and treatment.
48.981(7)(a)3m.
3m. A child's parent, guardian or legal custodian or the expectant mother of an unborn child, except that the person or agency maintaining the record or report may not disclose any information that would identify the reporter.
48.981(7)(a)4.
4. A child's foster parent, treatment foster parent or other person having physical custody of the child or a person having physical custody of the expectant mother of an unborn child, except that the person or agency maintaining the record or report may not disclose any information that would identify the reporter.
Effective date note
NOTE: Subd. 4. is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
4. A child's foster parent or other person having physical custody of the child or a person having physical custody of the expectant mother of an unborn child, except that the person or agency maintaining the record or report may not disclose any information that would identify the reporter.
48.981(7)(a)4m.
4m. A relative of a child placed outside of his or her home only to the extent necessary to facilitate the establishment of a relationship between the child and the relative or a placement of the child with the relative or to a person provided with the notice under
s. 48.21 (5) (e),
48.355 (2) (cm), or
48.357 (2v) (d). In this subdivision, "relative" includes a relative whose relationship is derived through a parent of the child whose parental rights are terminated.
48.981(7)(a)4p.
4p. A public or private agency in this state or any other state that is investigating a person for purposes of licensing the person to operate a foster home or placing a child for adoption in the home of the person.
48.981(7)(a)5.
5. A professional employee of a county department under
s. 51.42 or
51.437 who is working with the child or the expectant mother of the unborn child under contract with or under the supervision of the county department under
s. 46.22 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)6.
6. A multidisciplinary child abuse and neglect or unborn child abuse 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)6m.
6m. A person employed by a child advocacy center recognized by the county board, 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, to the extent necessary to perform the services for which the center is recognized by the county board, the county department, the department or the licensed child welfare agency.
48.981(7)(a)8.
8. A law enforcement officer or law enforcement agency or a district attorney for purposes of investigation or prosecution.
48.981(7)(a)8m.
8m. The department of corrections, the department of health services, a county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 or any other person under contract with the department of corrections, the department of health services or a county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 to exercise custody or supervision over a person who is subject to community placement for purposes of investigating or providing services to a person who is subject to community placement and who is the subject of a report. In making its investigation, the department of corrections, department of health services, county department or other person shall cooperate with the agency making the investigation under
sub. (3) (c) or
(d).
48.981(7)(a)8s.
8s. Authorized representatives of the department of corrections, the department of health services, the department of justice, or a district attorney for use in the prosecution of any proceeding or any evaluation conducted under
ch. 980, if the reports or records involve or relate to an individual who is the subject of the proceeding or evaluation. The court in which the proceeding under
ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information made available or disclosed under this subdivision. Any representative of the department of corrections, the department of health services, the department of justice, or a district attorney may disclose information obtained under this subdivision for any purpose consistent with any proceeding under
ch. 980.
48.981(7)(a)9.
9. A court or administrative agency for use in a proceeding relating to the licensing or regulation of a facility regulated under this chapter.
48.981(7)(a)10.
10. A court conducting proceedings under
s. 48.21 or
48.213, a court conducting proceedings related to a petition under
s. 48.13,
48.133 or
48.42 or a court conducting dispositional proceedings under
subch. VI or
VIII in which abuse or neglect of the child who is the subject of the report or record or abuse of the unborn child who is the subject of the report or record is an issue.
48.981(7)(a)10g.
10g. A court conducting proceedings under
s. 48.21, a court conducting proceedings related to a petition under
s. 48.13 (3m) or
(10m) or a court conducting dispositional proceedings under
subch. VI in which an issue is the substantial risk of abuse or neglect of a child who, during the time period covered by the report or record, was in the home of the child who is the subject of the report or record.
48.981(7)(a)10j.
10j. A court conducting proceedings under
s. 938.21, a court conducting proceedings relating to a petition under
ch. 938 or a court conducting dispositional proceedings under
subch. VI of ch. 938 in which abuse or neglect of the child who is the subject of the report or record is an issue.
48.981(7)(a)10m.
10m. A tribal court, or other adjudicative body authorized by an Indian tribe to perform child welfare functions, that exercises jurisdiction over children and unborn children alleged to be in need of protection or services for use in proceedings in which abuse or neglect of the child who is the subject of the report or record or abuse of the unborn child who is the subject of the report or record is an issue.
48.981(7)(a)10r.
10r. A tribal court, or other adjudicative body authorized by an Indian tribe to perform child welfare functions, that exercises jurisdiction over children alleged to be in need of protection or services for use in proceedings in which an issue is the substantial risk of abuse or neglect of a child who, during the time period covered by the report or record, was in the home of the child who is the subject of the report or record.
48.981(7)(a)11.
11. The county corporation counsel or district attorney representing the interests of the public, the agency legal counsel and the counsel or guardian ad litem representing the interests of a child in proceedings under
subd. 10.,
10g. or
10j. and the guardian ad litem representing the interests of an unborn child in proceedings under
subd. 10.
48.981(7)(a)11m.
11m. An attorney representing the interests of an Indian tribe in proceedings under
subd. 10m. or
10r., of an Indian child in proceedings under
subd. 10m. or
10r. or of an Indian unborn child in proceedings under
subd. 10m.
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. 767.41 or
767.451 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.a.
a. "Incident of death or serious injury" means an incident in which a child 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 or in which a child who has been placed outside the home by a court order under this chapter or
ch. 938 is suspected to have committed suicide.
48.981(7)(cr)1.b.
b. "Incident of egregious abuse or neglect" means an incident of suspected abuse or neglect that has been reported under this section, other than an incident of death or serious injury, involving significant violence, torture, multiple victims, the use of inappropriate or cruel restraints, exposure of a child to a dangerous situation, or other similar, aggravated circumstances.
48.981(7)(cr)2.
2. Notwithstanding
par. (a), if an agency that receives a report under
sub. (3) has reason to suspect that an incident of death or serious injury or an incident of egregious abuse or neglect has occurred, within 2 working days after determining that such an incident is suspected to have occurred the agency shall provide all of the following information to the subunit of the department responsible for statewide oversight of child abuse and neglect programs:
48.981(7)(cr)2.a.
a. The name of the agency and the name of a contact person at the agency.
48.981(7)(cr)2.c.
c. The date of the incident and the suspected cause of the death, serious injury, or egregious abuse or neglect of the child.
48.981(7)(cr)2.d.
d. A brief history of any reports under
sub. (3) received in which the child, a member of the child's family, or the person suspected of the abuse or neglect was the subject and of any services under this chapter offered or provided to any of those persons.
48.981(7)(cr)2.e.
e. A statement of whether the child was residing in his or her home or was placed outside the home when the incident occurred.
48.981(7)(cr)2.f.
f. The identity of any law enforcement agency that referred the report of the incident and of any law enforcement agency, district attorney, or other officer or agency to which the report of the incident was referred.
48.981(7)(cr)3.a.a. Within 2 working days after receiving the information provided under
subd. 2., the subunit of the department that received the information shall disclose to the public the fact that the subunit has received the information; whether the department is conducting a review of the incident and, if so, the scope of the review and the identities of any other agencies with which the department is cooperating at that point in conducting the review; whether the child was residing in the home or was placed in an out-of-home placement at the time of the incident; and information about the child, including the age of the child. If the information received is about an incident of egregious abuse or neglect, the subunit of the department shall make the same disclosure to a citizen review panel, as described in
par. (a) 15g., and, in a county having a population of 500,000 or more, to the Milwaukee child welfare partnership council.
48.981(7)(cr)3.b.
b. Within 90 days after receiving the information provided under
subd. 2., the subunit of the department that received the information shall prepare, transmit to the governor and to the appropriate standing committees of the legislature under
s. 13.172 (3), and make available to the public a summary report that contains the information specified in
subd. 4. or
5., whichever is applicable. That subunit may also include in the summary report a summary of any actions taken by the agency in response to the incident and of any changes in policies or practices that have been made to address any issues raised in the review and recommendations for any further changes in policies, practices, rules, or statutes that may be needed to address those issues. If the subunit does not include those actions or changes and recommended changes in the summary report, the subunit shall prepare, transmit to the governor and to the appropriate standing committees of the legislature under
s. 13.172 (3), and make available to the public a report of those actions or changes and recommended changes within 6 months after receiving the information provided under
subd. 2. Those committees shall review all summary reports and reports of changes and recommended changes transmitted under this
subd. 3. b., conduct public hearings on those reports no less often than annually, and submit recommendations to the department regarding those reports.
48.981(7)(cr)3.c.
c. Subdivision 3. a. and
b. does not preclude the subunit of the department that prepares the summary report from releasing to the governor, to the appropriate standing committees of the legislature under
s. 13.172 (3), or to the public any of the information specified in
subd. 4. or
5. before the summary report is transmitted to the governor and to those committees and made available to the public; adding to or amending a summary report if new information specified in
subd. 4. or
5. is received after the summary report is transmitted to the governor and to those committees and made available to the public; or releasing to the governor, to those committees, and to the public any information at any time to correct any inaccurate information reported in the news media.
48.981(7)(cr)4.
4. If the child was residing in his or her home when the incident of death or serious injury or the incident of egregious abuse or neglect occurred, the summary report under
subd. 3. shall contain all of the following:
48.981(7)(cr)4.a.
a. Information about the child, including the age, gender, and race or ethnicity of the child, a description of the child's family, and, if relevant to the incident, a description of any special needs of the child.
48.981(7)(cr)4.b.
b. A statement of whether any services under this chapter or
ch. 938 were being provided to the child, any member of the child's family, or the person suspected of the abuse or neglect, or whether any of those persons was the subject of a report being investigated under
sub. (3) or of a referral to the agency for services, at the time of the incident and, if so, the date of the last contact between the agency providing those services and the person receiving those services.
48.981(7)(cr)4.c.
c. A summary of all involvement of the child's parents and of the person suspected of the abuse or neglect in any incident reported under
sub. (3) or in receiving services under this chapter or
ch. 938 in the 5 years preceding the date of the incident.
