Amendment ASA1-AB100

AB100-ASA1, s. 1330 Section 1330. 48.832 of the statutes is amended to read:

AB100-ASA1,740,11 48.832 (title) Transfer of guardianship upon revocation of guardian's license or contract. If the department revokes the license of a county department licensed under s. 48.57 (1) (e) or (hm) to accept guardianship, or of a child welfare agency licensed under s. 48.61 (5) to accept guardianship, or if the department terminates the contract of a county department licensed under s. 48.57 (1) (e) to accept guardianship, the department shall file a motion in the court that appointed the guardian for each child in the guardianship of the county department or agency, requesting that the court transfer guardianship and custody of the child. The motion may specify a county department or child welfare agency that has consented to accept guardianship of the child. The court shall transfer guardianship and custody of the child either to the county department or child welfare agency specified in the motion or to another county department under s. 48.57 (1) (e) or (hm) or a child welfare agency under s. 48.61 (5) which consents to the transfer. If no county department or child welfare agency consents, the court shall transfer guardianship and custody of the child to the department.

AB100-ASA1, s. 1331 Section 1331. 48.837 (4) (d) of the statutes is amended to read:

AB100-ASA1,740,17 48.837 (4) (d) May, at the request of a petitioning parent, or on its own motion after ordering the child taken into custody under s. 48.19 (1) (c), order the department or a county department under s. 48.57 (1) (e) or (hm) to place the child, pending the hearing on the petition, in any home licensed under s. 48.62 except the home of the proposed adoptive parents or a relative of the proposed adoptive parents.

AB100-ASA1, s. 1332 Section 1332. 48.839 (4) (b) of the statutes is amended to read:

AB100-ASA1,740,21 48.839 (4) (b) Shall transfer legal custody of the child to the department, in a county having a population of 500,000 or more, to a county department or to a child welfare agency licensed under s. 48.60.

AB100-ASA1, s. 1333 Section 1333. 48.88 (2) (c) of the statutes is amended to read:

AB100-ASA1,741,12 48.88 (2) (c) If a stepparent has filed a petition for adoption and no agency has guardianship of the child, the court shall order the department, in a county having a population of 500,000 or more, or a county department or, with the consent of the department in a county having a population of less than 500,000 or a licensed child welfare agency, order the department or the child welfare agency to conduct a screening, consisting of no more than one interview with the petitioner and a check of the petitioner's background through public records, including records maintained by the department or any county department under s. 48.981. The department, county department or child welfare agency that conducts the screening shall file a report of the screening with the court within 30 days. After reviewing the report, the court may proceed to act on the petition, may order the department in a county having a population of 500,000 or more or the county department to conduct an investigation as described under par. (a) (intro.) or may order the department in a county having a population of less than 500,000 or a licensed child welfare agency to make the investigation if the department or child welfare agency consents.

AB100-ASA1, s. 1334 Section 1334. 48.93 (1d) of the statutes is amended to read:

AB100-ASA1,741,17 48.93 (1d) All records and papers pertaining to an adoption proceeding shall be kept in a separate locked file and may not be disclosed except under sub. (1g) or (1r), s. 46.03 (29), 48.432, 48.433, 48.48 (17) (a) 9. or 48.57 (1) (j), or by order of the court for good cause shown.

AB100-ASA1, s. 1335 Section 1335. 48.977 (4) (a) 6. of the statutes is amended to read:

AB100-ASA1,741,21 48.977 (4) (a) 6. A county department under s. 46.22 or 46.23 or, if the child has been placed pursuant to an order under ch. 938, a county department under s. 46.215, 46.22 or 46.23.

AB100-ASA1, s. 1336 Section 1336. 48.981 (1) (ag) of the statutes is created to read:

AB100-ASA1,742,2 48.981 (1) (ag) "Agency" means a county department, the department in a county having a population of 500,000 or more or a licensed child welfare agency under contract with a county department or the department in a county having a population of 500,000 or more to perform investigations under this section.

AB100-ASA1, s. 1337 Section 1337. 48.981 (3) (a) of the statutes is amended to read:

AB100-ASA1,742,17 48.981 (3) (a) Referral of report. A person required to report under sub. (2) shall immediately inform, by telephone or personally, the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department or the sheriff or city, village or town police department of the facts and circumstances contributing to a suspicion of child abuse or neglect or to a belief that abuse or neglect will occur. 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 cases reported to it. The county department , department or licensed child welfare agency may require that a subsequent report be made in writing. Each county department, the department and a licensed child welfare agency under contract with the department shall adopt a written policy specifying the kinds of reports it will routinely report to local law enforcement authorities.

AB100-ASA1, s. 1338 Section 1338. 48.981 (3) (c) 1. of the statutes is amended to read:

AB100-ASA1,743,19 48.981 (3) (c) 1. Within 24 hours after receiving a report under par. (a), the county department or licensed child welfare agency under contract with the county department 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. The investigation shall be conducted in accordance with standards established by the department for conducting child abuse and neglect investigations. If the investigation is of a report of abuse or neglect or threatened 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 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 abuse or neglect or threatened 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 county department or licensed child welfare agency involved to the child's parents, guardian or legal custodian. The county department or licensed child welfare agency under contract with the county department 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 to do so.

AB100-ASA1, s. 1339 Section 1339. 48.981 (3) (c) 2. a. of the statutes is amended to read:

AB100-ASA1,744,2 48.981 (3) (c) 2. a. If the person making the investigation is an employe of the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department and he or she determines that it is consistent with the child's best interest in terms of physical safety and physical health to remove the child from his or her home for immediate protection, he or she shall take the child into custody under s. 48.08 (2) or 48.19 (1) (c) and deliver the child to the intake worker under s. 48.20.

AB100-ASA1, s. 1340 Section 1340. 48.981 (3) (c) 3. of the statutes is amended to read:

AB100-ASA1,744,13 48.981 (3) (c) 3. If the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department determines that a child, any member of the child's family or the child's guardian or legal custodian is in need of services, 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 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.

AB100-ASA1, s. 1341 Section 1341. 48.981 (3) (c) 4. of the statutes is amended to read:

AB100-ASA1,745,4 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, 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 and shall establish that the person alleged to be responsible for the emotional damage is neglecting, refusing or unable for reasons other than poverty to remedy the harm. This subdivision does not prohibit a court from ordering medical services for the child if the child's health requires it.

AB100-ASA1, s. 1342 Section 1342. 48.981 (3) (c) 5. of the statutes is amended to read:

AB100-ASA1,745,12 48.981 (3) (c) 5. The county department and licensed child welfare agency under contract with the county department agency shall maintain a record of its actions in connection with each report it receives. The record shall include a description of the services provided to any child and to the parents, guardian or legal custodian of the child. The county department and licensed child welfare agency under contract with the county department agency shall update the record every 6 months until the case is closed.

AB100-ASA1, s. 1343 Section 1343. 48.981 (3) (c) 6. of the statutes is amended to read:

AB100-ASA1,745,18 48.981 (3) (c) 6. The county department or licensed child welfare agency under contract with the county department agency shall, within 60 days after it receives a report from a person required under sub. (2) to report, inform the reporter what action, if any, was taken to protect the health and welfare of the child who is the subject of the report.

AB100-ASA1, s. 1344 Section 1344. 48.981 (3) (c) 6m. of the statutes is amended to read:

AB100-ASA1,746,13 48.981 (3) (c) 6m. 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, that person may make a written request to the county department or licensed child welfare agency under contract with the county department agency for information regarding what action, if any, was taken to protect the health and welfare of the child who is the subject of the report. A county department or licensed child welfare An agency that receives a written request under this subdivision shall, within 60 days after it receives the report or 20 days after it receives 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, unless a court order prohibits that disclosure, and of the duty to keep the information confidential under sub. (7) (e) and the penalties for failing to do so under sub. (7) (f). The county department or licensed child welfare agency may petition the court ex parte for an order prohibiting that disclosure and, if the county department or licensed child welfare agency does so, the time period within which the information must be disclosed is tolled on 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.

AB100-ASA1, s. 1345 Section 1345. 48.981 (3) (c) 7. of the statutes is amended to read:

AB100-ASA1,746,24 48.981 (3) (c) 7. 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 cooperate with law enforcement officials, courts of competent jurisdiction, tribal governments and other human service services agencies to prevent, identify and treat child abuse and neglect. 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 the development and provision of services to abused and neglected children and to families where abuse or neglect has occurred or to children and families where circumstances justify a belief that abuse or neglect will occur.

AB100-ASA1, s. 1346 Section 1346. 48.981 (3) (c) 8. of the statutes is amended to read:

AB100-ASA1,747,14 48.981 (3) (c) 8. Using the format prescribed by the department, each county department shall provide the department with information about each report that it the county department receives or that is received by a licensed child welfare agency that is under contract with the county department and about each investigation it 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. This information shall be used by the department to monitor services provided by 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 for planning and policy development.

AB100-ASA1, s. 1347 Section 1347. 48.981 (3) (c) 9. of the statutes is amended to read:

AB100-ASA1,747,17 48.981 (3) (c) 9. The county agency may petition for child abuse restraining orders and injunctions under s. 48.25 (6).

AB100-ASA1, s. 1348 Section 1348. 48.981 (3) (cm) of the statutes is amended to read:

AB100-ASA1,748,2 48.981 (3) (cm) Contract with licensed child welfare agencies. A county department may contract with a licensed child welfare agency to fulfill its the county department's duties specified under par. (c) 1., 2. b., 5., 6., 6m. and 8. The department may contract with a licensed child welfare agency to fulfill the department's duties specified under par. (c) 1., 2. a., 3., 4., 5., 6., 6m., 7., 8. and 9. in a county having a population of 500,000 or more. The confidentiality provisions specified in sub. (7) shall apply to any licensed child welfare agency with which a county department or the department contracts.

AB100-ASA1, s. 1349 Section 1349. 48.981 (3) (d) of the statutes is amended to read:

AB100-ASA1,748,10 48.981 (3) (d) Independent investigation. 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 the 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. 46.215 or 46.22.

AB100-ASA1,749,5 2. If an agent or employe of a county department or licensed child welfare agency under contract with the county department an agency required to investigate under this subsection is the subject of a report, or if the county department or licensed child welfare agency under contract with the county department agency determines that, because of the relationship between the county department or licensed child welfare agency under contract with the county department agency and the subject of a report, there is a substantial probability that the county department or licensed child welfare agency under contract with the county department agency would not conduct an unbiased investigation, the county department or licensed child welfare agency under contract with the county department agency shall, after taking any action necessary to protect the 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. 46.215, 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 that 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).

AB100-ASA1, s. 1350 Section 1350. 48.981 (5) of the statutes is amended to read:

AB100-ASA1,749,15 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; to the county department and, if the institution making the report initially is a hospital, to the hospital.

AB100-ASA1, s. 1351 Section 1351. 48.981 (7) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,749,21 48.981 (7) (a) (intro.) All reports made under this section, notices provided under sub. (3) (bm) and records maintained by the department, county departments or licensed child welfare agencies under contract with the county departments an agency and other persons, officials and institutions shall be confidential. Reports and records may be disclosed only to the following persons:

AB100-ASA1, s. 1352 Section 1352. 48.981 (7) (a) 1m. of the statutes is amended to read:

AB100-ASA1,750,5 48.981 (7) (a) 1m. A reporter described in sub. (3) (c) 6m. who makes a written request to the county department or licensed child welfare agency under contract with the county department an agency for information regarding what action, if any, was taken to protect the health and welfare of the 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 who is the subject of the report.

AB100-ASA1, s. 1353 Section 1353. 48.981 (7) (a) 2. of the statutes is amended to read:

AB100-ASA1,750,9 48.981 (7) (a) 2. Appropriate staff of the department, a county department or licensed child welfare agency under contract with the county departments, an agency or a tribal social services department.

AB100-ASA1, s. 1354 Section 1354. 48.981 (7) (a) 5. of the statutes is amended to read:

AB100-ASA1,750,15 48.981 (7) (a) 5. A professional employe of a county department under s. 51.42 or 51.437 who is working with the child under contract with or under the supervision of the county department under s. 46.215 or 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.

AB100-ASA1, s. 1355 Section 1355. 48.981 (7) (a) 6. of the statutes is amended to read:

AB100-ASA1,750,19 48.981 (7) (a) 6. A multidisciplinary child abuse and neglect 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.

AB100-ASA1, s. 1356 Section 1356. 48.981 (7) (a) 6m. of the statutes is amended to read:

AB100-ASA1,751,2 48.981 (7) (a) 6m. A person employed by a child advocacy center recognized by the county board or, 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 or, the county department, the department or the licensed child welfare agency.

AB100-ASA1, s. 1357 Section 1357. 48.981 (7) (a) 8. of the statutes is amended to read:

AB100-ASA1,751,5 48.981 (7) (a) 8. A law enforcement officer or law enforcement agency or a district attorney for purposes of investigation or prosecution.

AB100-ASA1, s. 1358 Section 1358. 48.981 (7) (a) 11. of the statutes is amended to read:

AB100-ASA1,751,10 48.981 (7) (a) 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.

AB100-ASA1, s. 1359 Section 1359. 48.981 (7) (a) 11r. of the statutes is amended to read:

AB100-ASA1,751,18 48.981 (7) (a) 11r. A volunteer appointed or person employed by a court-appointed special advocate program recognized by the county board or 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 advocacy services in proceedings related to a petition under s. 48.13 for which the court-appointed special advocate program is recognized by the county board or, county department or department.

AB100-ASA1, s. 1360 Section 1360. 48.981 (7) (a) 13. of the statutes is amended to read:

AB100-ASA1,751,22 48.981 (7) (a) 13. 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).

AB100-ASA1, s. 1361 Section 1361. 48.981 (7) (a) 15. of the statutes is amended to read:

AB100-ASA1,752,3 48.981 (7) (a) 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.

AB100-ASA1, s. 1362 Section 1362. 48.981 (7) (cm) of the statutes is amended to read:

AB100-ASA1,752,6 48.981 (7) (cm) A county An agency may disclose information from its records for use in proceedings under s. 48.25 (6), 813.122 or 813.125.

AB100-ASA1, s. 1363 Section 1363. 48.981 (7) (d) of the statutes is amended to read:

AB100-ASA1,752,10 48.981 (7) (d) The department may have access to any report or record maintained by a county department or licensed child welfare agency under contract with a county department an agency under this section.

AB100-ASA1, s. 1364 Section 1364. 48.981 (8) (a) of the statutes is amended to read:

AB100-ASA1,752,25 48.981 (8) (a) The department and, the county departments and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more to the extent feasible shall conduct continuing education and training programs for staff of the department, the county departments, a licensed child welfare agency under contract with the department or a county department, and the tribal social services departments, persons and officials required to report, the general public and others as appropriate. The programs shall be designed to encourage reporting of child abuse and neglect, to encourage self-reporting and voluntary acceptance of services and to improve communication, cooperation and coordination in the identification, prevention and treatment of child abuse and neglect. The department and , the county departments and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more shall develop public information programs about child abuse and neglect.

AB100-ASA1, s. 1365 Section 1365. 48.981 (8) (c) of the statutes is amended to read:

AB100-ASA1,753,8 48.981 (8) (c) In meeting its responsibilities under par. (a) or (b), the department or, a county department or a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more may contract with any public or private organization which meets the standards set by the department. In entering into the contracts the department or, county department or licensed child welfare agency shall give priority to parental organizations combating child abuse and neglect.

AB100-ASA1, s. 1366 Section 1366. 48.981 (8) (d) 1. of the statutes is amended to read:

AB100-ASA1,753,15 48.981 (8) (d) 1. Each county department or licensed child welfare agency under contract with a county department agency staff member and supervisor whose responsibilities include investigation or treatment of child abuse and neglect shall successfully complete training in child abuse and neglect protective services approved by the department. The department shall monitor compliance with this subdivision according to rules promulgated by the department.

AB100-ASA1, s. 1367 Section 1367. 48.981 (8) (d) 2. of the statutes is amended to read:

AB100-ASA1,753,21 48.981 (8) (d) 2. Each year the department shall make available training programs that permit intake workers and county department or licensed child welfare agency under contract with a county department agency staff members and supervisors to satisfy the requirements under subd. 1. and s. 48.06 (1) (am) 3. and (2) (c).

AB100-ASA1, s. 1368 Section 1368. 48.981 (10) of the statutes is amended to read:

AB100-ASA1,753,25 48.981 (10) Current list of tribal agents. The department shall annually provide to each county department agency described in sub. (3) (bm) (intro.) a current list of all tribal agents in the state.

AB100-ASA1, s. 1733m Section 1733m. 48.982 (2) (d) of the statutes is amended to read:

AB100-ASA1,754,6 48.982 (2) (d) Solicit and accept contributions, grants, gifts and bequests for the children's trust fund or for any other purpose for which a contribution, grant, gift or bequest is made and received. Moneys received under this paragraph may be deposited in the appropriation accounts under s. 20.433 (1) (i), (q) or (r). This paragraph does not apply to moneys received under s. 341.14 (6r) (b) 6.

AB100-ASA1, s. 1369 Section 1369. 48.982 (2) (g) (intro.) of the statutes is amended to read:

AB100-ASA1,754,9 48.982 (2) (g) (intro.) In coordination with the departments of health and social services and education public instruction:

AB100-ASA1, s. 1734m Section 1734m. 48.982 (2m) (intro.) of the statutes is amended to read:

AB100-ASA1,754,14 48.982 (2m) Donation uses. (intro.) If money is accepted by the board for the children's trust fund or for any other purpose under sub. (2) (d), except moneys received under s. 341.14 (6r) (b) 6., the board shall use the money in accordance with the wishes of the donor to do any of the following:

AB100-ASA1, s. 1370 Section 1370. 48.985 (1) of the statutes is amended to read:

AB100-ASA1,754,23 48.985 (1) Federal program operations. From the appropriation under s. 20.435 (3) (n), the department shall expend not more than $543,700 $273,700 in each fiscal year 1995-96 and not more than $543,700 in fiscal year 1996-97 of the moneys received under 42 USC 620 to 626 for the department's expenses in connection with administering the expenditure of funds received under 42 USC 620 to 626, for child welfare projects and services provided or purchased by the department, and for child abuse and neglect independent investigations and for providing child-at-risk field training to counties.

AB100-ASA1, s. 1371 Section 1371. 48.985 (2) (a) of the statutes is renumbered 48.985 (2) and amended to read:

AB100-ASA1,755,7 48.985 (2) Community social and mental hygiene services. From the appropriation under s. 20.435 (7) (o), the department shall distribute not more than $3,919,800 in each $3,804,000 in fiscal year 1997-98 and not more than $3,734,000 in fiscal year 1998-99 of the moneys received under 42 USC 620 to 626 to county departments under ss. 46.215, 46.22 and 46.23 for the provision or purchase of child welfare projects and services, for services to children and families and for family-based child welfare services.