2005 Wisconsin Act 232

232,33 Section 33. 48.981 (1) (fm) of the statutes is repealed.

232,34 Section 34. 48.981 (3) (a) 2. of the statutes is renumbered 48.981 (3) (a) 2. (intro.) and amended to read:

48.981 (3) (a) 2. (intro.) 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 it. the sheriff or police department:

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.

232,35 Section 35. 48.981 (3) (a) 2. a. of the statutes is created to read:

48.981 (3) (a) 2. a. Cases in which a caregiver is suspected of abuse or neglect or of threatened abuse or neglect of a child.

232,36 Section 36. 48.981 (3) (a) 2. b. of the statutes is created to read:

48.981 (3) (a) 2. 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.

232,37 Section 37. 48.981 (3) (a) 2. c. of the statutes is created to read:

48.981 (3) (a) 2. c. Cases in which it cannot be determined who abused or neglected or threatened to abuse or neglect a child.

232,38 Section 38. 48.981 (3) (a) 2. d. of the statutes is created to read:

48.981 (3) (a) 2. 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.

232,39 Section 39. 48.981 (3) (a) 2d. of the statutes is created to read:

48.981 (3) (a) 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.

232,40 Section 40. 48.981 (3) (c) 1. of the statutes is renumbered 48.981 (3) (c) 1. a. and amended to read:

48.981 (3) (c) 1. a. Within 24 hours 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. 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 or unborn child is in need of protection or services. The 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.

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.

232,41 Section 41. 48.981 (3) (c) 4. of the statutes is amended to read:

48.981 (3) (c) 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.

232,42 Section 42. 938.02 (15) of the statutes is amended to read:

938.02 (15) "Relative" means a parent, grandparent, greatgrandparent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd cousin, nephew, niece, uncle, or aunt, stepuncle, stepaunt, or any person of a preceding generation as denoted by the prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption, or the spouse of any person named in this subsection, even if the marriage is terminated by death or divorce.

232,43 Section 43. 938.371 (1) (intro.) of the statutes is amended to read:

938.371 (1) (intro.) If a juvenile is placed in a foster home, treatment foster home, group home, residential care center for children and youth, or secured correctional facility or in the home of a relative other than a parent, including a placement under s. 938.205 or 938.21, the agency, as defined in s. 938.38 (1) (a), that placed the juvenile or arranged for the placement of the juvenile shall provide the following information to the foster parent, treatment foster parent, relative, or operator of the group home, residential care center for children and youth, or secured correctional facility at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:

232,44 Section 44. 938.371 (1) (a) of the statutes is amended to read:

938.371 (1) (a) Results of a test or a series of tests of the juvenile to determine the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an antibody to HIV, as provided under s. 252.15 (5) (a) 19., including results included in a court report or permanency plan. At the time that the test results are provided, the agency shall notify the foster parent, treatment foster parent, relative, or operator of the group home, residential care center for children and youth, or secured correctional facility of the confidentiality requirements under s. 252.15 (6).

232,45 Section 45. 938.371 (1) (b) of the statutes is amended to read:

938.371 (1) (b) Results of any tests of the juvenile to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan. The foster parent, treatment foster parent, or operator of a group home, residential care center for children and youth, or secured correctional facility receiving information under this paragraph shall keep the information confidential.

232,46 Section 46. 938.371 (1) (c) of the statutes is amended to read:

938.371 (1) (c) Any other medical information concerning the juvenile that is necessary for the care of the juvenile. The foster parent, treatment foster parent, or operator of a group home, residential care center for children and youth, or secured correctional facility receiving information under this paragraph shall keep the information confidential.

232,47 Section 47. 938.371 (3) (intro.) of the statutes is amended to read:

938.371 (3) (intro.) At the time of placement of a juvenile in a foster home, treatment foster home, group home, residential care center for children and youth, or secured correctional facility or in the home of a relative other than a parent or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in s. 938.38 (1) (a), responsible for preparing the juvenile's permanency plan shall provide to the foster parent, treatment foster parent, relative, or operator of the group home, residential care center for children and youth, or secured correctional facility information contained in the court report submitted under s. 938.33 (1) or 938.365 (2g) or permanency plan submitted under s. 938.355 (2e) or 938.38 relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:

232,48 Section 48. 938.371 (3) (a) of the statutes is amended to read:

938.371 (3) (a) Any mental, emotional, cognitive, developmental, or behavioral disability of the juvenile. The foster parent, treatment foster parent, or operator of a group home, residential care center for children and youth, or secured correctional facility receiving information under this subsection shall keep the information confidential.

232,49 Section 49. 938.371 (3) (b) of the statutes is amended to read:

938.371 (3) (b) Any involvement of the juvenile in any criminal gang, as defined in s. 939.22 (9), or in any other group in which any child was traumatized as a result of his or her association with that group. The foster parent, treatment foster parent, or operator of a group home, residential care center for children and youth, or secured correctional facility receiving information under this paragraph shall keep the information confidential.

232,50 Section 50. 938.371 (3) (c) of the statutes is amended to read:

938.371 (3) (c) Any involvement of the juvenile in any activities that are harmful to the juvenile's physical, mental, or moral well-being. The foster parent, treatment foster parent, or operator of a group home, residential care center for children and youth, or secured correctional facility receiving information under this paragraph shall keep the information confidential.

232,51 Section 51. 938.371 (3) (d) of the statutes is amended to read:

938.371 (3) (d) Any involvement of the juvenile, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02, or 948.025, prostitution in violation of s. 944.30, sexual exploitation of a child in violation of s. 948.05, or causing a child to view or listen to sexual activity in violation of s. 948.055, if the information is necessary for the care of the juvenile or for the protection of any person living in the foster home, treatment foster home, group home, residential care center for children and youth, or secured correctional facility. The foster parent, treatment foster parent, or operator of a group home, residential care center for children and youth, or secured correctional facility receiving information under this paragraph shall keep the information confidential.

232,52 Section 52. 938.371 (4) of the statutes is created to read:

938.371 (4) Subsection (1) does not preclude an agency, as defined in s. 48.38 (1) (a), that is arranging for the placement of a juvenile from providing the information specified in sub. (1) (a) to (c) to a person specified in sub. (1) (intro.) before the time of placement of the juvenile. Subsection (3) does not preclude an agency, as defined in s. 48.38 (1) (a), responsible for preparing a juvenile's court report or permanency plan from providing the information specified in sub. (3) (a) to (e) to a person specified in sub. (3) (intro.) before the time of placement of the juvenile.

232,53 Section 53. 938.371 (5) of the statutes is created to read:

938.371 (5) Except as permitted under s. 252.15 (6), a foster parent, treatment foster parent, relative, or operator of a group home, residential care center for children and youth, or secured correctional facility that receives any information under sub. (1) or (3), other than the information described in sub. (3) (e), shall keep the information confidential and may disclose that information only for the purposes of providing care for the juvenile or participating in a court hearing or permanency plan review concerning the juvenile.

232,54 Section 54. Nonstatutory provisions.

(1) Provision of information to relative caregivers. Notwithstanding sections 48.371 (1) (intro.) and (3) (intro.) and 938.371 (1) (intro.) and (3) (intro.) of the statutes, as affected by this act, in the case of a child or juvenile who is living in the home of a relative other than a parent on the day before the effective date of this subsection, the agency assigned primary responsibility for providing services for the child or juvenile shall provide the information specified in section 48.371 (1) (a) to (c) and (3) (a) to (e) or 938.371 (1) (a) to (c) and (3) (a) to (e) of the statutes, as affected by this act, to the relative with whom the child or juvenile is placed no later than 60 days after the effective date of this subsection.

232,55 Section 55. Initial applicability.

(1) Children placed with relative caregivers. The treatment of sections 48.371 (1) (intro.) and (3) (intro.) and 938.371 (1) (intro.) and (3) (intro.) of the statutes first applies to a child or juvenile who is placed in the home of a relative other than a parent on the effective date of this subsection.

(2) Status of relatives following termination of parental rights and adoption.

(a) Status of relatives following termination of parental rights. The treatment of section 48.92 (2) of the statutes, the renumbering and amendment of section 48.43 (2) of the statutes, and the creation of section 48.43 (2) (a) and (b) of the statutes first applies to an order terminating parental rights granted on the effective date of this paragraph.

(b) Status of relatives following adoption. The treatment of section 48.92 (2) of the statutes first applies to an order of adoption granted on the effective date of this paragraph.

232,56 Section 56. Effective date.

(1) Child abuse investigations of noncaregivers. The treatment of section 48.981 (1) (d) and (3) (a) 2d. and (3) (c) 1. and 4. of the statutes, the renumbering and amendment of section 48.981 (3) (a) 2. of the statutes, and the creation of section 48.981 (3) (a) 2. a., b., c., and d. of the statutes take effect on the first day of the 6th month beginning after publication.