SB18: Bill Text

SB18,42 Section 42. 48.981 (3) (b) of the statutes is renumbered 48.981 (3d).

SB18,43 Section 43. 48.981 (3) (bm) (intro.) of the statutes is renumbered 48.981 (3f) (bm) and amended to read:

SB18,19,18 48.981 (3f) (bm) Notice of report to Indian to 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 An agency that receives a report under par. (a) sub. (3) pertaining to a child or an unborn child whom the agency knows or has reason to know that the child is an Indian child who resides in the county or that the unborn child is or an Indian unborn child whose expectant mother resides in the county, the county department shall, if the agency knows or has reason to know with which Indian tribe the Indian child is affiliated or with which Indian tribe the Indian unborn child may, when born, be eligible for affiliation, provide notice, which of the report to the tribal agent of that tribe. Notice shall consist only, at a minimum, of the name and address of the Indian child or expectant mother, the address of the Indian child or expectant mother or another address where the Indian child or expectant mother may be located, and the fact that a report has been received about that Indian child or Indian unborn child, and shall be made within 24 hours to one of the following: after receipt of the report or identification of the Indian child's tribe. Notice may also contain any additional information allowed by law. This paragraph does not constitute notice under s. 48.028 (4) (a) or 25 USC 1912 (a) or any other law.

Note: Applies tribal notification requirement to child protective service agencies in all counties. Eliminates the requirement that an agency provide notice if it does not know with the tribe with which the child is affiliated. Eliminates restrictions on the types of information the notice may include. Specifies that notice to a tribe of a report of suspected child abuse or neglect does not satisfy the notice obligations of any other law, including the Wisconsin Indian Child Welfare Act or the federal Indian Child Welfare Act.

SB18,44 Section 44. 48.981 (3) (bm) 1. to 3. of the statutes are repealed.

SB18,45 Section 45. 48.981 (3) (c) (title) of the statutes is renumbered 48.981 (3g) (title) and amended to read:

SB18,19,22 48.981 (3g) (title) Duties of county departments agencies.

SB18,46 Section 46. 48.981 (3) (c) 1. a. of the statutes is renumbered 48.981 (3g) (a) 1. a. and amended to read:

SB18,20,18 48.981 (3g) (a) 1. a. Immediately after receiving a report under par. (a) sub. (3), 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, or of facilitating or failing to take action to prevent the suspected or threatened abuse or neglect of the child, or if the agency 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 of protection or services.

SB18,20,22 b. Within 24 hours after receiving a report under par. (a) sub. (3) 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.

SB18,21,3 c. An investigation under this subd. 1. a. or b. shall be conducted 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) and in accordance with standards established by the department for conducting child abuse and neglect investigations or unborn child abuse investigations. Notwithstanding s. 227.10 (1), the department need not promulgate those standards as rules under ch. 227.

Note: Reorganizes language to make the subdivision easier to read.

SB18,47 Section 47. 48.981 (3) (c) 1. b. of the statutes is renumbered 48.981 (3g) (a) 2. and amended to read:

SB18,21,24 48.981 (3g) (a) 2. 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 to the extent permitted under the U.S. Constitution and the Wisconsin Constitution.

Note: Amends the authority for interviewing children absent consent by limiting such authority to that permitted under the U.S. and Wisconsin constitutions. This change responds to federal case law, such as the holding by the U.S. Court of Appeals for the Seventh Circuit in Doe v. Heck, 327 F.3d 492 (2003), that raises constitutional concerns regarding interviews conducted absent consent.

SB18,48 Section 48. 48.981 (3) (c) 2. of the statutes is renumbered 48.981 (3g) (b).

SB18,49 Section 49. 48.981 (3) (c) 2m. of the statutes is renumbered 48.981 (3g) (bm).

SB18,50 Section 50. 48.981 (3) (c) 3. of the statutes is renumbered 48.981 (3g) (c) and amended to read:

SB18,22,18 48.981 (3g) (c) Offer of services; filing of petitions. 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 agency 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. The agency may also petition for child abuse restraining orders and injunctions under s. 48.25 (6).

Note: Consolidates 2 provisions by adding the authority to file petitions for restraining orders and injunctions with the authority to file petitions alleging that a child is in need of protective services.

SB18,51 Section 51. 48.981 (3) (c) 4. of the statutes is renumbered 48.981 (3g) (d) and amended to read:

SB18,23,16 48.981 (3g) (d) Abuse or neglect determination. 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, If a report is investigated under par. (a), within 60 days after receipt of a report that the county department, department, or licensed child welfare agency investigates under subd. 1., the report the agency shall determine 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 agency shall give due regard to the culture of the subjects. This subdivision paragraph does not prohibit a court from ordering medical services for the child if the child's health requires it those services.

SB18,52 Section 52. 48.981 (3) (c) 5. of the statutes is renumbered 48.981 (3g) (h) 1.

Note: Renumbers a provision regarding agency recordkeeping requirements to place it near other recordkeeping requirements.

SB18,53 Section 53. 48.981 (3) (c) 5m. of the statutes is renumbered 48.981 (3g) (e) and amended to read:

SB18,24,13 48.981 (3g) (e) Right to appeal determination. 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 Within 15 days after a determination is made under subd. 4. par. (d) 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, agency 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 paragraph. The department shall promulgate rules establishing procedures for conducting an appeal under this subdivision paragraph. Those procedures shall include a procedure permitting such an appeal under this subdivision to be held in abeyance pending the outcome of any criminal investigation or proceedings or any investigation or 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.

SB18,54 Section 54. 48.981 (3) (c) 5r. of the statutes is renumbered 48.981 (3g) (h) 2. and amended to read:

SB18,24,23 48.981 (3g) (h) 2. 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. Within 15 days after a determination is made under par. (d) 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, agency shall provide the subunit of the department that administers s. 48.685 with information about the person who has been determined to have abused or neglected the child.

SB18,55 Section 55. 48.981 (3) (c) 6. of the statutes is renumbered 48.981 (3g) (f) and amended to read:

SB18,25,5 48.981 (3g) (f) Action taken; information to mandatory reporter. The agency shall, within Within 60 days after it receives receiving a report from a person required under sub. (2) to report, the agency shall inform the reporter 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.

SB18,56 Section 56. 48.981 (3) (c) 6m. of the statutes is renumbered 48.981 (3g) (fm) and amended to read:

SB18,26,2 48.981 (3g) (fm) Action taken; information to relative. If a person who is not required under sub. (2) to report makes a report and is a relative of the child, other than the child's parent, or is a relative of the expectant mother of the unborn child makes a report under sub. (2) (c) or (d), that person may make a written request to the 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. An agency that receives a written request under this subdivision shall, within Within 60 days after it receives receiving the report or 20 days after it receives receiving the written request, whichever is later, inform the reporter in writing of what action, if any, was taken to protect the health and welfare of the child or unborn child the agency shall disclose that information to the re   quester, unless a court order prohibits that disclosure, and shall inform the requester of the duty to keep the information confidential under sub. (7) (e) (7r) (a) and of the penalties for failing to do so under sub. (7) (f) (7r) (b). The agency may petition the court ex parte for an order prohibiting that disclosure and, if the agency does so, the time period within which the information must be disclosed is tolled on from the date the petition is filed and remains tolled until the court issues a decision. The court may hold an ex parte hearing in camera and shall issue an order granting the petition if the court determines that disclosure of the information would not be in the best interests of the child or unborn child.

SB18,57 Section 57. 48.981 (3) (c) 7. of the statutes is renumbered 48.981 (3g) (g) (intro.) and amended to read:

SB18,26,8 48.981 (3g) (g) Cooperation and coordination. (intro.) 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 Each agency shall cooperate do all of the following:

SB18,26,13 1. Cooperate with law enforcement officials, courts of competent jurisdiction, tribal governments, and other human services agencies to prevent, identify, and treat child abuse and neglect and unborn child abuse. 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 coordinate

SB18,26,20 2. Coordinate the development and provision of services to abused and neglected children and their families, to abused unborn children to families in which child abuse or neglect has occurred, to and their expectant mothers who have abused their unborn children,, and to children and families or expectant mothers when circumstances justify a belief that abuse or neglect or unborn child abuse will occur and to the expectant mothers of unborn children when circumstances justify a belief that unborn child abuse will occur.

SB18,58 Section 58. 48.981 (3) (c) 8. of the statutes is renumbered 48.981 (3g) (h) 3. and amended to read:

SB18,27,11 48.981 (3g) (h) 3. Using the format prescribed by the department, each county department shall provide the department with information about each report that the county department receives or that is received by or a licensed child welfare agency that is under contract with the county department receives and about each investigation that the county department or a licensed child welfare agency under contract with the county department conducts. Using the format prescribed by the department, a licensed child welfare agency under contract with the department shall provide the department with information about each report that the child welfare agency receives and about each investigation that the child welfare agency conducts. The department shall use the information to monitor services provided by those county departments or licensed child welfare agencies under contract with county departments or the department. The department shall use nonidentifying information to maintain statewide statistics on child abuse and neglect and on unborn child abuse, and for planning and policy development purposes.

SB18,59 Section 59. 48.981 (3) (c) 9. of the statutes is repealed.

Note: Repeals a provision that is added to another provision (former s. 48.981 (3) (c) 3., stats.).

SB18,60 Section 60. 48.981 (3) (cm) of the statutes is renumbered 48.981 (3h) and amended to read:

SB18,27,23 48.981 (3h) Contract with licensed child welfare agencies. A county department may contract with a licensed child welfare agency to fulfill the county department's duties specified under par. (c) 1., 2. b., 2m. b., 5., 5r., 6., 6m., and 8. sub. (3g) (a), (b) 2., (bm) 2., (f), (fm), and (h) 1., 2., and 3. The department may contract with a licensed child welfare agency to fulfill any of the department's duties specified under par. (c) 1., 2. a., 2m. b., 3., 4., 5., 5m., 5r., 6., 6m., 7., 8,. and 9. sub. (3g) in a county having a population of 500,000 or more. The confidentiality provisions specified in sub. subs. (7) to (7r) shall apply to any licensed child welfare agency with which a county department or the department contracts.

SB18,61 Section 61. 48.981 (3) (d) of the statutes is renumbered 48.981 (3j), and 48.981 (3j) (a) and (b), as renumbered, are amended to read:

SB18,28,8 48.981 (3j) (a) Definition. In this paragraph subsection, "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.

SB18,28,23 (b) Investigation; powers and duties. If an agent or employee of an agency required to investigate under this subsection sub. (3g) 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 agencies under par. (c) sub. (3g).

SB18,62 Section 62. 48.981 (3d) (a) (title) of the statutes is created to read:

SB18,28,25 48.981 (3d) (a) (title) Immediate investigation on request.

SB18,63 Section 63. 48.981 (3d) (b) (title) of the statutes is created to read:

SB18,29,2 48.981 (3d) (b) (title) Taking child into custody.

SB18,64 Section 64. 48.981 (3d) (bm) (title) of the statutes is created to read:

SB18,29,4 48.981 (3d) (bm) (title) Taking expectant mother into custody.

SB18,65 Section 65. 48.981 (3d) (c) (title) of the statutes is created to read:

SB18,29,6 48.981 (3d) (c) (title) Referral for criminal prosecution.

SB18,66 Section 66. 48.981 (3f) (title) and (a) (intro.) of the statutes are created to read:

SB18,29,9 48.981 (3f) (title) Notice of report to tribal agent. (a) Definitions. (intro.) In this subsection:

SB18,67 Section 67. 48.981 (3g) (a) (title) of the statutes is created to read:

SB18,29,11 48.981 (3g) (a) (title) Evaluation and investigation of report.

SB18,68 Section 68. 48.981 (3g) (b) (title) of the statutes is created to read:

SB18,29,13 48.981 (3g) (b) (title) Taking child into custody.

SB18,69 Section 69. 48.981 (3g) (bm) (title) of the statutes is created to read:

SB18,29,15 48.981 (3g) (bm) (title) Taking expectant mother into custody.

SB18,70 Section 70. 48.981 (3g) (h) (title) of the statutes is created to read:

SB18,29,17 48.981 (3g) (h) (title) Records; information to department.

SB18,71 Section 71. 48.981 (3m) (a) (title) of the statutes is created to read:

SB18,29,19 48.981 (3m) (a) (title) Definition.

SB18,72 Section 72. 48.981 (3m) (b) (title) of the statutes is created to read:

SB18,29,21 48.981 (3m) (b) (title) Establishment of program.

SB18,73 Section 73. 48.981 (3m) (b) 1. of the statutes is amended to read:

SB18,30,2 48.981 (3m) (b) 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 Notwithstanding s. 227.10 (1), the department need not promulgate those guidelines as rules under ch. 227.

Note: Clarifies that guidelines for alternative responses need not be promulgated as rules, notwithstanding the specific requirement in ch. 227, stats., that all statements of general policy be promulgated as rules.

SB18,74 Section 74. 48.981 (3m) (c) (intro.) of the statutes is amended to read:

SB18,30,8 48.981 (3m) (c) Alternative responses. (intro.) 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:

SB18,75 Section 75. 48.981 (3m) (c) 1. of the statutes is amended to read:

SB18,30,20 48.981 (3m) (c) 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) (3g) 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) (3g). 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.

SB18,76 Section 76. 48.981 (3m) (c) 2. b. of the statutes is amended to read:

SB18,31,9 48.981 (3m) (c) 2. 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. (cg) or determine by a preponderance of the evidence under sub. (3) (c) 4. (3g) (d) 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) (3g) 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) (3g).

SB18,77 Section 77. 48.981 (3m) (c) 3. of the statutes is amended to read:

SB18,31,20 48.981 (3m) (c) 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. (cg), or determine by a preponderance of the evidence under sub. (3) (c) 4. (3g) (d) that abuse or neglect has occurred or is likely to occur or that a specific person has abused or neglected the child.

SB18,78 Section 78. 48.981 (3m) (d) of the statutes is repealed.

Note: Repeals a reporting requirement that was required to be fulfilled by July 1, 2012.

SB18,79 Section 79. 48.981 (5) of the statutes is amended to read:

SB18,32,9 48.981 (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 in a county having a population of 500,000 or more; to the county department ; to the department; and, if the institution making the report initially is a hospital, to the hospital.

Note: In cases resulting in death, clarifies that, in Milwaukee County, a medical examiner or coroner must report findings to both DCF and the Milwaukee County contracting agencies.

SB18,80 Section 80. 48.981 (7) (a) (intro.) of the statutes is renumbered 48.981 (7) and amended to read:

SB18,32,16 48.981 (7) Confidentiality. All reports made under this section, notices provided under sub. (3) (3f) (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: No report may be disclosed, except as provided in subs. (3f) (c), (7d), (7g), and (7m).

SB18,81 Section 81. 48.981 (7) (a) 1. of the statutes is renumbered 48.981 (7d) (a).

SB18,82 Section 82. 48.981 (7) (a) 1m. of the statutes is renumbered 48.981 (7g) (am) and amended to read:

SB18,33,4 48.981 (7g) (am) Request of reporter. A reporter described in sub. (3) (c) 6m. (3g) (fm) 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. (3g) (fm) 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.

SB18,83 Section 83. 48.981 (7) (a) 2. of the statutes is renumbered 48.981 (7d) (b).