AB463-SA2,22,4
352. Page 111, line 1: after "record," insert "upon the request of an expectant
4mother of an unborn child who is the subject of the record,".
AB463-SA2,22,10
755. Page 111, line 10: delete lines 10 and 11 and substitute "the parent,
8guardian or legal custodian of a child expectant mother of an unborn child who is the
9subject of the record, or of an expectant mother of an unborn child who is the subject
10of the record, if 14 years of age or over,".
AB463-SA2,22,12
1156. Page 111, line 13: delete that line and substitute "in the permission if the
12parent, guardian, legal custodian or expectant mother, and".
AB463-SA2,23,918
48.981
(3) (a)
Referral of report. A person required to report under sub. (2) shall
19immediately inform, by telephone or personally, the county department or, in a
20county having a population of 500,000 or more, the department or a licensed child
21welfare agency under contract with the department or the sheriff or city, village or
22town police department of the facts and circumstances contributing to a suspicion of
23child abuse or neglect
or of unborn child abuse or to a belief that abuse or neglect will
1occur. The sheriff or police department shall within 12 hours, exclusive of Saturdays,
2Sundays or legal holidays, refer to the county department or, in a county having a
3population of 500,000 or more, the department or a licensed child welfare agency
4under contract with the department all cases reported to it. The county department,
5department or licensed child welfare agency may require that a subsequent report
6be made in writing. Each county department, the department and a licensed child
7welfare agency under contract with the department shall adopt a written policy
8specifying the kinds of reports it will routinely report to local law enforcement
9authorities.".
AB463-SA2,24,1314
48.981
(3) (c) 1. Within 24 hours after receiving a report under par. (a), the
15agency shall, in accordance with the authority granted to the department under s.
1648.48 (17) (a) 1. or the county department under s. 48.57 (1) (a), initiate a diligent
17investigation to determine if the child
or unborn child is in need of protection or
18services. The investigation shall be conducted in accordance with standards
19established by the department for conducting child abuse and neglect investigations
20or unborn child abuse investigations. If the investigation is of a report of
child abuse
21or neglect or
of child threatened abuse or neglect by a caregiver specified in sub. (1)
22(am) 5. to 8. who continues to have access to the child or a caregiver specified in sub.
23(1) (am) 1. to 4., or of a report that does not disclose who is suspected of the
child abuse
24or neglect and in which the investigation does not disclose who abused or neglected
1the child, the investigation shall also include observation of or an interview with the
2child, or both, and, if possible, an interview with the child's parents, guardian or legal
3custodian. If the investigation is of a report of
child abuse or neglect or threatened
4child abuse or neglect by a caregiver who continues to reside in the same dwelling
5as the child, the investigation shall also include, if possible, a visit to that dwelling.
6At the initial visit to the child's dwelling, the person making the investigation shall
7identify himself or herself and the agency involved to the child's parents, guardian
8or legal custodian. The agency may contact, observe or interview the child at any
9location without permission from the child's parent, guardian or legal custodian if
10necessary to determine if the child is in need of protection or services, except that the
11person making the investigation may enter a child's dwelling only with permission
12from the child's parent, guardian or legal custodian or after obtaining a court order
13to do so.
AB463-SA2,24,2215
48.981
(3) (c) 2m. a. If the person making the investigation is an employe of the
16county department or, in a county having a population of 500,000 or more, the
17department or a licensed child welfare agency under contract with the department
18and he or she determines that it is consistent with the best interest of the unborn
19child in terms of physical safety and physical health to take the expectant mother
20into custody for the immediate protection of the unborn child, he or she shall take the
21expectant mother into custody under s. 48.08 (2), 48.19 (1) (cm) or 48.193 (1) (c) and
22deliver the expectant mother to the intake worker under s. 48.20 or 48.203.".
AB463-SA2,25,186
48.981
(3) (c) 3. If the county department or, in a county having a population
7of 500,000 or more, the department or a licensed child welfare agency under contract
8with the department determines that a child, any member of the child's family or the
9child's guardian or legal custodian is in need of services
or that the expectant mother
10of an unborn child is in need of services, the county department, department or
11licensed child welfare agency shall offer to provide appropriate services or to make
12arrangements for the provision of services. If the child's parent, guardian or legal
13custodian
or the expectant mother refuses to accept the services, the county
14department, department or licensed child welfare agency may request that a petition
15be filed under s. 48.13 alleging that the child who is the subject of the report or any
16other child in the home is in need of protection or services
or that a petition be filed
17under s. 48.133 alleging that the unborn child who is the subject of the report is in
18need of protection or services.
AB463-SA2,26,221
48.981
(3) (c) 5. The agency shall maintain a record of its actions in connection
22with each report it receives. The record shall include a description of the services
23provided to any child and to the parents, guardian or legal custodian of the child
or
1to any expectant mother of an unborn child. The agency shall update the record every
26 months until the case is closed.
AB463-SA2,26,85
48.981
(3) (c) 6. The agency shall, within 60 days after it receives a report from
6a person required under sub. (2) to report, inform the reporter what action, if any, was
7taken to protect the health and welfare of the child
or unborn child who is the subject
8of the report.
AB463-SA2,27,211
48.981
(3) (c) 6m. If a person who is not required under sub. (2) to report makes
12a report and is a relative of the child, other than the child's parent,
or is a relative
13of the expectant mother of the unborn child, that person may make a written request
14to the agency for information regarding what action, if any, was taken to protect the
15health and welfare of the child
or unborn child who is the subject of the report. An
16agency that receives a written request under this subdivision shall, within 60 days
17after it receives the report or 20 days after it receives the written request, whichever
18is later, inform the reporter in writing of what action, if any, was taken to protect the
19health and welfare of the child
or unborn child, unless a court order prohibits that
20disclosure, and of the duty to keep the information confidential under sub. (7) (e) and
21the penalties for failing to do so under sub. (7) (f). The agency may petition the court
22ex parte for an order prohibiting that disclosure and, if the agency does so, the time
23period within which the information must be disclosed is tolled on the date the
24petition is filed and remains tolled until the court issues a decision. The court may
25hold an ex parte hearing in camera and shall issue an order granting the petition if
1the court determines that disclosure of the information would not be in the best
2interests of the child
or unborn child.
AB463-SA2,27,175
48.981
(3) (c) 7. The county department or, in a county having a population of
6500,000 or more, the department or a licensed child welfare agency under contract
7with the department shall cooperate with law enforcement officials, courts of
8competent jurisdiction, tribal governments and other human services agencies to
9prevent, identify and treat child abuse and neglect
and unborn child abuse. The
10county department or, in a county having a population of 500,000 or more, the
11department or a licensed child welfare agency under contract with the department
12shall coordinate the development and provision of services to abused and neglected
13children
and, to abused unborn children to families
where in which child abuse or
14neglect has occurred
or, to expectant mothers who have abused their unborn
15children, to children and families
where when circumstances justify a belief that
16abuse or neglect will occur
and to the expectant mothers of unborn children when
17circumstances justify a belief that unborn child abuse will occur.
AB463-SA2,28,820
48.981
(3) (c) 8. Using the format prescribed by the department, each county
21department shall provide the department with information about each report that
22the county department receives or that is received by a licensed child welfare agency
23that is under contract with the county department and about each investigation that
24the county department or a licensed child welfare agency under contract with the
25county department conducts. Using the format prescribed by the department, a
1licensed child welfare agency under contract with the department shall provide the
2department with information about each report that the child welfare agency
3receives and about each investigation that the child welfare agency conducts. This
4information shall be used by the department to monitor services provided by county
5departments or licensed child welfare agencies under contract with county
6departments or the department. The department shall use nonidentifying
7information to maintain statewide statistics on child abuse and neglect
and on
8unborn child abuse, and for planning and policy development
purposes.
AB463-SA2,28,1711
48.981
(3) (d) 1. In this paragraph, "agent" includes, but is not limited to, a
12foster parent, treatment foster parent or other person given custody of a child or a
13human services professional employed by a county department under s. 51.42 or
1451.437 or by a child welfare agency who is working with
the a child
or an expectant
15mother of an unborn child under contract with or under the supervision of the
16department in a county having a population of 500,000 or more or a county
17department under s. 46.22.
AB463-SA2,29,920
48.981
(3) (d) 2. If an agent or employe of an agency required to investigate
21under this subsection is the subject of a report, or if the agency determines that,
22because of the relationship between the agency and the subject of a report, there is
23a substantial probability that the agency would not conduct an unbiased
24investigation, the agency shall, after taking any action necessary to protect the child
25or unborn child, notify the department. Upon receipt of the notice, the department,
1in a county having a population of less than 500,000 or a county department or child
2welfare agency designated by the department in any county shall conduct an
3independent investigation. If the department designates a county department
4under s. 46.22, 46.23, 51.42 or 51.437, that county department shall conduct the
5independent investigation. If a licensed child welfare agency agrees to conduct the
6independent investigation, the department may designate the child welfare agency
7to do so. The powers and duties of the department or designated county department
8or child welfare agency making an independent investigation are those given to
9county departments under par. (c).".
AB463-SA2,29,1913
48.981
(7) (a) 1m. A reporter described in sub. (3) (c) 6m. who makes a written
14request to an agency for information regarding what action, if any, was taken to
15protect the health and welfare of the child
or unborn child who is the subject of the
16report, unless a court order under sub. (3) (c) 6m. prohibits disclosure of that
17information to that reporter, except that the only information that may be disclosed
18is information in the record regarding what action, if any, was taken to protect the
19health and welfare of the child
or unborn child who is the subject of the report.".
AB463-SA2,30,5
148.981
(7) (a) 5. A professional employe of a county department under s. 51.42
2or 51.437 who is working with the child
or the expectant mother of the unborn child 3under contract with or under the supervision of the county department under s. 46.22
4or, in a county having a population of 500,000 or more, the department or a licensed
5child welfare agency under contract with the department.
AB463-SA2,30,118
48.981
(7) (a) 6. A multidisciplinary child abuse and neglect
or unborn child
9abuse team recognized by the county department or, in a county having a population
10of 500,000 or more, the department or a licensed child welfare agency under contract
11with the department.".
AB463-SA2,30,2016
48.981
(7) (a) 11. The county corporation counsel or district attorney
17representing the interests of the public, the agency legal counsel and the counsel or
18guardian ad litem representing the interests of a child in proceedings under subd.
1910., 10g or 10j
and the guardian ad litem representing the interests of an unborn
20child in proceedings under subd. 10.".
AB463-SA2,31,7
148.981
(7) (a) 11r. A volunteer appointed or person employed by a
2court-appointed special advocate program recognized by the county board or the
3county department or, in a county having a population of 500,000 or more, the
4department or a licensed child welfare agency under contract with the department,
5to the extent necessary to perform the advocacy services in proceedings related to a
6petition under s. 48.13
or 48.133 for which the court-appointed special advocate
7program is recognized by the county board, county department or department.".
AB463-SA2,32,212
48.981
(8) (a) The department, the county departments and a licensed child
13welfare agency under contract with the department in a county having a population
14of 500,000 or more to the extent feasible shall conduct continuing education and
15training programs for staff of the department, the county departments, a licensed
16child welfare agency under contract with the department or a county department,
17and the tribal social services departments, persons and officials required to report,
18the general public and others as appropriate. The programs shall be designed to
19encourage reporting of child abuse and neglect
and of unborn child abuse, to
20encourage self-reporting and voluntary acceptance of services and to improve
21communication, cooperation and coordination in the identification, prevention and
22treatment of child abuse and neglect
and of unborn child abuse. The department, the
23county departments and a licensed child welfare agency under contract with the
1department in a county having a population of 500,000 or more shall develop public
2information programs about child abuse and neglect
and about unborn child abuse.".
AB463-SA2,32,137
48.981
(8) (c) In meeting its responsibilities under par. (a) or (b), the
8department, a county department or a licensed child welfare agency under contract
9with the department in a county having a population of 500,000 or more may contract
10with any public or private organization which meets the standards set by the
11department. In entering into the contracts the department, county department or
12licensed child welfare agency shall give priority to parental organizations combating
13child abuse and neglect
or unborn child abuse.
AB463-SA2,32,2116
48.981
(8) (d) 1. Each agency staff member and supervisor whose
17responsibilities include investigation or treatment of child abuse and neglect
or of
18unborn child abuse shall successfully complete training in child abuse and neglect
19protective services
and in unborn child abuse protective services approved by the
20department. The department shall monitor compliance with this subdivision
21according to rules promulgated by the department.".
AB463-SA2,33,83
48.985
(1) Federal program operations. From the appropriation under s.
420.435 (3) (n), the department shall expend not more than $273,700 in each fiscal
5year of the moneys received under
42 USC 620 to
626 for the department's expenses
6in connection with administering the expenditure of funds received under
42 USC
7620 to
626 and for child abuse and neglect
and unborn child abuse independent
8investigations.
AB463-SA2,33,1711
48.985
(2) Community social and mental hygiene services. From the
12appropriation under s. 20.435 (7) (o), the department shall distribute not more than
13$3,804,000 in fiscal year 1997-98 and not more than $3,734,000 in fiscal year
141998-99 of the moneys received under
42 USC 620 to
626 to county departments
15under ss. 46.215, 46.22 and 46.23 for the provision or purchase of child welfare
16projects and services, for services to children and families
, for services to the
17expectant mothers of unborn children and for family-based child welfare services.".
AB463-SA2,34,2022
146.0255
(2) Testing. Any hospital employe who provides health care, social
23worker or intake worker under ch. 48 may refer an infant
or an expectant mother of
24an unborn child, as defined in s. 48.02 (19), to a physician for testing of the
infant's
1bodily fluids
of the infant or expectant mother for controlled substances or controlled
2substance analogs if the hospital employe who provides health care, social worker or
3intake worker suspects that the infant
or expectant mother has controlled
4substances or controlled substance analogs in the
infant's bodily fluids
of the infant
5or expectant mother because of the
mother's use of controlled substances or
6controlled substance analogs
by the mother while she was pregnant with the infant
7or by the expectant mother while she is pregnant with the unborn child. The
8physician may test the infant
or expectant mother to ascertain whether or not the
9infant
or expectant mother has controlled substances or controlled substance
10analogs in the
infant's bodily fluids
of the infant or expectant mother, if the physician
11determines that there is a serious risk that there are controlled substances or
12controlled substance analogs in the
infant's bodily fluids
of the infant or expectant
13mother because of the
mother's use of controlled substances or controlled substance
14analogs
by the mother while she was pregnant with the infant
or by the expectant
15mother while she is pregnant with the unborn child and that the health of the infant
,
16the unborn child or the child when born may be adversely affected by the controlled
17substances or controlled substance analogs. If the results of the test indicate that
18the infant
or expectant mother does have controlled substances or controlled
19substance analogs in the
infant's bodily fluids
of the infant or expectant mother, the
20physician shall make a report under s. 46.238.".