SB18: Bill Text

SB18,35,4 48.981 (7d) (fm) Child advocacy center. 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 or the agency, 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.

SB18,94 Section 94. 48.981 (7) (a) 8. of the statutes is renumbered 48.981 (7d) (h) and amended to read:

SB18,35,9 48.981 (7d) (h) Law enforcement authorities. A law enforcement officer or, law enforcement agency, or a district attorney for purposes of investigation or prosecution.

SB18,95 Section 95. 48.981 (7) (a) 8m. of the statutes is renumbered 48.981 (7d) (hm) 2. and amended to read:

SB18,35,21 48.981 (7d) (hm) 2. 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) (3g) to (3m).

SB18,96 Section 96. 48.981 (7) (a) 8s. of the statutes is renumbered 48.981 (7d) (hs) and amended to read:

SB18,36,9 48.981 (7d) (hs) Sexually violent person commitments. 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 paragraph. 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 paragraph for any purpose consistent with any proceeding under ch. 980.

SB18,97 Section 97. 48.981 (7) (a) 9. of the statutes is renumbered 48.981 (7d) (i).

SB18,98 Section 98. 48.981 (7) (a) 10. of the statutes is renumbered 48.981 (7d) (j) and amended to read:

SB18,36,21 48.981 (7d) (j) Juvenile court proceedings. A court conducting proceedings under s. 48.21 or, 48.213, a court conducting or 938.21, proceedings related to a petition under s. 48.13, 48.133, or 48.42 or a court conducting under ch. 938, or dispositional proceedings under subch. VI or VIII or under subch. VI of ch. 938 in which an issue is the abuse or neglect of the child or the abuse of the unborn 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 or the substantial risk of abuse or neglect of a child who, during the period covered by the report or record, was in the home of the child who is the subject of the report or record.

Note: Consolidates 3 provisions relating to the disclosure of records for certain juvenile court proceedings.

SB18,99 Section 99. 48.981 (7) (a) 10g. of the statutes is repealed.

Note: Repeals a provision that is consolidated in another provision (former s. 48.981 (7) (a) 10., stats.).

SB18,100 Section 100. 48.981 (7) (a) 10j. of the statutes is repealed.

Note: Repeals a provision that is consolidated in another provision (former s. 48.981 (7) (a) 10., stats.).

SB18,101 Section 101. 48.981 (7) (a) 10m. of the statutes is renumbered 48.981 (7d) (k) and amended to read:

SB18,37,11 48.981 (7d) (k) Tribal court proceedings. 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 an issue is abuse or neglect of the child or abuse of the unborn 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 or the substantial risk of abuse or neglect of a child who, during the period covered by the report or record, was in the home of the child who is the subject of the report or record.

Note: Consolidates 2 provisions relating to the disclosure of records for certain tribal court proceedings.

SB18,102 Section 102. 48.981 (7) (a) 10r. of the statutes is repealed.

Note: Repeals a provision that is consolidated in another provision (former s. 48.981 (7) (a) 10m., stats.).

SB18,103 Section 103. 48.981 (7) (a) 11. of the statutes is renumbered 48.981 (7d) (L) and amended to read:

SB18,37,20 48.981 (7d) (L) Attorneys and guardians ad litem; juvenile court proceedings. 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 or an unborn child in proceedings under subd. 10. par. (j).

SB18,104 Section 104. 48.981 (7) (a) 11m. of the statutes is renumbered 48.981 (7d) (Lm) and amended to read:

SB18,38,7 48.981 (7d) (Lm) Attorneys and guardians ad litem; tribal court proceedings. An attorney representing the interests of an Indian tribe in proceedings under subd. 10m. or 10r., or of an Indian child in proceedings under subd. 10m. or 10r. or of or an Indian unborn child, as defined in sub. (3f) (a) 1., in proceedings under subd. 10m. par. (k).

SB18,105 Section 105. 48.981 (7) (a) 11r. of the statutes is renumbered 48.981 (7d) (Lr).

SB18,106 Section 106. 48.981 (7) (a) 12. of the statutes is renumbered 48.981 (7d) (m).

SB18,107 Section 107. 48.981 (7) (a) 13. of the statutes is renumbered 48.981 (7d) (n) and amended to read:

SB18,38,14 48.981 (7d) (n) Stepparent adoption screening. The department, a county department under s. 48.57 (1) (e) or (hm), or a licensed child welfare agency ordered to conduct a screening or an investigation of a stepparent under s. 48.88 (2) (c).

SB18,108 Section 108. 48.981 (7) (a) 14. of the statutes is renumbered 48.981 (7d) (o) and amended to read:

SB18,38,18 48.981 (7d) (o) Grand jury. A grand jury if it the grand jury determines that access to specified records is necessary for the conduct of its official business.

SB18,109 Section 109. 48.981 (7) (a) 14m. of the statutes is renumbered 48.981 (7d) (om).

SB18,110 Section 110. 48.981 (7) (a) 15. of the statutes is renumbered 48.981 (7d) (p) and amended to read:

SB18,38,25 48.981 (7d) (p) Child fatality review team. 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 agency.

SB18,111 Section 111. 48.981 (7) (a) 15g. of the statutes is renumbered 48.981 (7d) (pg).

SB18,112 Section 112. 48.981 (7) (a) 15m. of the statutes is renumbered 48.981 (7d) (pm) and amended to read:

SB18,39,7 48.981 (7d) (pm) Death investigation. 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.

SB18,113 Section 113. 48.981 (7) (a) 17. of the statutes is renumbered 48.981 (7d) (r) and amended to read:

SB18,39,13 48.981 (7d) (r) Federal, state, or local agencies. 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.

SB18,114 Section 114. 48.981 (7) (am) of the statutes is renumbered 48.981 (3f) (c) and amended to read:

SB18,39,18 48.981 (3f) (c) Disclosure to tribal social services department. Notwithstanding par. (a) (intro.) sub. (7), a tribal agent who receives notice under sub. (3) par. (bm) may disclose the notice to a tribal social services department.

SB18,115 Section 115. 48.981 (7) (b) of the statutes is renumbered 48.981 (7g) (b) and amended to read:

SB18,40,2 48.981 (7g) (b) Authorization of parent. Notwithstanding par. (a), either Either parent of a child who is the subject of a report may authorize the disclosure of a record relating to that report 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.

Note: Updates language regarding disclosures by parents.

SB18,116 Section 116. 48.981 (7) (c) of the statutes is renumbered 48.981 (7g) (c) and amended to read:

SB18,40,8 48.981 (7g) (c) Authorization of subject. Notwithstanding par. (a), the 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.

SB18,117 Section 117. 48.981 (7) (cm) of the statutes is renumbered 48.981 (7g) (cm) and amended to read:

SB18,40,13 48.981 (7g) (cm) Abuse or harassment restraining order proceedings. Notwithstanding par. (a), an An agency may disclose information from its records for use in proceedings under s. 48.25 (6), 813.122, or 813.125.

SB18,118 Section 118. 48.981 (7) (cr) 1. (intro.) of the statutes is renumbered 48.981 (7m) (a) (intro.) and amended to read:

SB18,40,16 48.981 (7m) (a) Definitions. (intro.) In this paragraph subsection:

SB18,119 Section 119. 48.981 (7) (cr) 1. a. and b. of the statutes are renumbered 48.981 (7m) (a) 1. and 2.

SB18,120 Section 120. 48.981 (7) (cr) 2. (intro.) of the statutes is renumbered 48.981 (7m) (b) (intro.) and amended to read:

SB18,41,3 48.981 (7m) (b) Information to department. (intro.) Notwithstanding par. (a) sub. (7), 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:

SB18,121 Section 121. 48.981 (7) (cr) 2. a. to f. of the statutes are renumbered 48.981 (7m) (b) 1. to 6.

SB18,122 Section 122. 48.981 (7) (cr) 3. of the statutes is renumbered 48.981 (7m) (c) and amended to read:

SB18,41,20 48.981 (7m) (c) Disclosure of information to public; summary report. 1. Within 2 working days after receiving the information provided under subd. 2. par. (b), 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. sub. (7d) (pg), and, in a county having a population of 500,000 or more, to the Milwaukee child welfare partnership council.

SB18,42,14 2. Within 90 days after receiving the information provided under subd. 2. par. (b), 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. par. (d) or (e), 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. par. (b). Those committees shall review all summary reports and reports of changes and recommended changes transmitted under this subd. 3. b. subdivision, conduct public hearings on those reports no less often than annually, and submit recommendations to the department regarding those reports.

SB18,42,25 3. Subdivision 3. a. and b. does Subdivisions 1. and 2. do 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. par. (d) or (e) 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. par. (d) or (e) 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.

SB18,123 Section 123. 48.981 (7) (cr) 4. (intro.) of the statutes is renumbered 48.981 (7m) (d) (intro.) and amended to read:

SB18,43,6 48.981 (7m) (d) Summary report; child residing in home. (intro.) 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. par. (c) 2. shall contain all of the following:

SB18,124 Section 124. 48.981 (7) (cr) 4. a. to d. of the statutes are renumbered 48.981 (7m) (d) 1. to 4.

SB18,125 Section 125. 48.981 (7) (cr) 4. e. of the statutes is renumbered 48.981 (7m) (d) 5. and amended to read:

SB18,43,13 48.981 (7m) (d) 5. The date of the incident and the suspected cause of the death, serious injury, or egregious abuse or neglect of the child, as reported by the agency under subd. 2. c. par. (b) 3.

SB18,126 Section 126. 48.981 (7) (cr) 4. f. and g. of the statutes are renumbered 48.981 (7m) (d) 6. and 7.

SB18,127 Section 127. 48.981 (7) (cr) 5. (intro.) of the statutes is renumbered 48.981 (7m) (e) (intro.) and amended to read:

SB18,43,21 48.981 (7m) (e) Summary report; child in out-of-home care. (intro.) If the child was placed in an out-of-home placement under this chapter or ch. 938 at the time of the incident of death or serious injury or incident of egregious abuse or neglect, the summary report under subd. 3. par. (c) 2. shall contain all of the following:

SB18,128 Section 128. 48.981 (7) (cr) 5. a. to d. of the statutes are renumbered 48.981 (7m) (e) 1. to 4.

SB18,129 Section 129. 48.981 (7) (cr) 5. e. of the statutes is renumbered 48.981 (7m) (e) 5. and amended to read:

SB18,44,3 48.981 (7m) (e) 5. The date of the incident and the suspected cause of the death, serious injury, or egregious abuse or neglect of the child, as reported by the agency under subd. 2. c. par. (b) 3.

SB18,130 Section 130. 48.981 (7) (cr) 5. f. of the statutes is renumbered 48.981 (7m) (e) 6.

SB18,131 Section 131. 48.981 (7) (cr) 6. (intro.) of the statutes is renumbered 48.981 (7m) (f) (intro.) and amended to read:

SB18,44,10 48.981 (7m) (f) Information prohibited from disclosure. (intro.) A summary report or other release or disclosure of information under subd. 3. par. (c) may not include any of the following:

SB18,132 Section 132. 48.981 (7) (cr) 6. a. to e. of the statutes are renumbered 48.981 (7m) (f) 1. to 5.

SB18,133 Section 133. 48.981 (7) (cr) 7. (intro.) of the statutes is renumbered 48.981 (7m) (g) (intro.) and amended to read:

SB18,44,23 48.981 (7m) (g) Disclosure of information; when prohibited. (intro.) The subunit of the department that prepares a summary report or otherwise transmits, releases, or discloses information under subd. 3. par. (c) may not transmit the summary report to the governor and to the appropriate standing committees of the legislature under s. 13.172 (3), make the summary report available to the public, or transmit, release, or disclose the information to the governor, to those standing committees, or to the public if the subunit determines that transmitting or making the summary report available or transmitting, releasing, or disclosing the information would jeopardize any of the following:

SB18,134 Section 134. 48.981 (7) (cr) 7. a. and b. of the statutes are renumbered 48.981 (7m) (g) 1. and 2.

SB18,135 Section 135. 48.981 (7) (cr) 8. of the statutes is renumbered 48.981 (7m) (h) and amended to read:

SB18,45,15 48.981 (7m) (h) Request or petition for information. If the department fails to disclose to the governor, to the appropriate standing committees of the legislature under s. 13.172 (3), or to the public any information that the department is required to disclose under this paragraph subsection, any person may request the department to disclose that information. If the person's request is denied, the person may petition the court to order the disclosure of that information. On receiving a petition under this subdivision paragraph, the court shall notify the department, 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. 6. or 7. par. (f) or (g) apply.

SB18,136 Section 136. 48.981 (7) (cr) 9. of the statutes is renumbered 48.981 (7m) (i) and amended to read:

SB18,46,2 48.981 (7m) (i) Immunity from liability. Any person acting in good faith in providing information under subd. 2. par. (b), in preparing, transmitting, or making available a summary report under subd. 3. par. (c), or in otherwise transmitting, releasing, or disclosing information under subd. 3. par. (c), is immune from any liability, civil or criminal, that may result by reason of those actions. For purposes of any proceeding, civil or criminal, the good faith of a person in providing information under subd. 2. par. (b), in preparing, transmitting, or making available a summary report under subd. 3. par. (c), or in otherwise transmitting, releasing, or disclosing information under subd. 3. par. (c) shall be presumed.

SB18,137 Section 137. 48.981 (7) (d) of the statutes is renumbered 48.981 (7g) (d) and amended to read:

SB18,46,7 48.981 (7g) (d) Access by department. Notwithstanding par. (a), An agency shall permit the department may to have access to any report or record maintained by an the agency under this section.

SB18,138 Section 138. 48.981 (7) (dm) of the statutes is renumbered 48.981 (7g) (dm) and amended to read:

SB18,46,13 48.981 (7g) (dm) Statewide automated child welfare information system. Notwithstanding par. (a), an An agency may enter the content of any report or record maintained by the agency into the statewide automated child welfare information system established under s. 48.47 (7g).

SB18,139 Section 139. 48.981 (7) (e) of the statutes is renumbered 48.981 (7r) (a) and amended to read:

SB18,46,19 48.981 (7r) (a) Further disclosure prohibited. A person to whom a report or record is disclosed under this subsection sub. (3f) (c), (7d), (7g), or (7m) may not further disclose it the report or record, except to the persons and for the purposes specified in this section those provisions.

SB18,140 Section 140. 48.981 (7) (f) of the statutes is renumbered 48.981 (7r) (b) and amended to read:

SB18,46,25 48.981 (7r) (b) Penalty. Any person who violates this subsection sub. (7), (7d), (7g), or (7m), 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.

SB18,141 Section 141. 48.981 (7d) (intro.) of the statutes is created to read:

SB18,47,4 48.981 (7d) Confidentiality; exceptions. (intro.) Notwithstanding sub. (7), reports made under this section and records maintained by an agency or by any other person may be disclosed to any of the following persons: