LRBa1162/1
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2015 - 2016 LEGISLATURE
SENATE AMENDMENT 2,
TO SENATE BILL 326
November 4, 2015 - Offered by Senator Cowles.
SB326-SA2,1,11 At the locations indicated, amend the bill as follows:
SB326-SA2,1,3 21. Page 1, line 3: delete the material beginning with "investigation" and
3ending with "cases," on line 4 and substitute "response to those cases,".
SB326-SA2,1,4 42. Page 2, line 1: delete lines 1 to 11 and substitute:
SB326-SA2,1,5 5" Section 1d. 48.981 (3) (a) 3. of the statutes is amended to read:
SB326-SA2,2,106 48.981 (3) (a) 3. Except as provided in sub. (3m) As soon as practicable, but no
7later than 12 hours after receiving a report under subd. 1. alleging suspected or
8threatened abuse, as defined in s. 48.02 (1) (b) to (f)
, a county department, the
9department, or a licensed child welfare agency under contract with the department
10shall within 12 hours, exclusive of Saturdays, Sundays, or legal holidays, refer the
11report
to the sheriff or police department all cases of suspected or threatened abuse,
12as defined in s. 48.02 (1) (b) to (f), reported to it. For cases of suspected or threatened
.
13As soon as practicable, but no later than 24 hours after receiving a report under subd.

11. alleging facts that, if true, would constitute
abuse, as defined in s. 48.02 (1) (a),
2(am), (g), or (gm), or neglect, each a county department, the department, and or a
3licensed child welfare agency under contract with the department shall adopt a
4written policy specifying the kinds of reports it will routinely report to local law
5enforcement authorities
refer the report to the sheriff or police department. As soon
6as practicable, but no later than 48 hours, exclusive of Sundays, after receiving a
7report under subd. 1. alleging facts that do not constitute abuse, as defined in s. 48.02
8(1) (a), (am), (g), or (gm), or neglect, a county department, the department, or a
9licensed child welfare agency under contract with the department shall refer the
10report to the sheriff or police department
.".
SB326-SA2,2,12 113. Page 3, line 4: delete "the investigation of the report" and substitute " the
12investigation of the report
their response to".
SB326-SA2,2,13 134. Page 3, line 12: after that line insert:
SB326-SA2,2,14 14" Section 3p. 48.981 (3m) (c) 1. of the statutes is amended to read:
SB326-SA2,3,215 48.981 (3m) (c) 1. If the agency or county department determines that there
16is reason to suspect that substantial abuse or neglect has occurred or is likely to occur
17or that an investigation under sub. (3) is otherwise necessary to ensure the safety of
18the child and his or her family, the agency or county department shall refer the report
19to the sheriff or police department under sub. (3) (a) 3. and
investigate the report as
20provided in sub. (3) (c). If in conducting that investigation the agency or county
21department determines that it is not necessary for the safety of the child and his or
22her family to complete the investigation, the agency or county department may
23terminate the investigation and conduct an assessment under subd. 2. If the agency
24or county department terminates an investigation, the agency or county department

1shall document the reasons for terminating the investigation and notify any law
2enforcement agency that is cooperating in the investigation.
SB326-SA2,3q 3Section 3q. 48.981 (3m) (c) 2. b. of the statutes is amended to read:
SB326-SA2,3,144 48.981 (3m) (c) 2. b. If the agency or county department employs the
5assessment response under subd. 2. a., the agency or county department is not
6required to
shall refer the report to the sheriff or police department under sub. (3)
7(a) 3. or but is not required to determine by a preponderance of the evidence under
8sub. (3) (c) 4. that abuse or neglect has occurred or is likely to occur or that a specific
9person has abused or neglected the child. If in conducting the assessment the agency
10or county department determines that there is reason to suspect that substantial
11abuse or neglect has occurred or is likely to occur or that an investigation under sub.
12(3) (c) is otherwise necessary to ensure the safety of the child and his or her family,
13the agency or county department shall immediately commence an investigation
14under sub. (3) (c).
SB326-SA2,3r 15Section 3r. 48.981 (3m) (c) 3. of the statutes is amended to read:
SB326-SA2,4,216 48.981 (3m) (c) 3. If the agency or county department determines that there
17is no reason to suspect that abuse or neglect has occurred or is likely to occur, the
18agency or county department shall refer the child's family to a service provider in the
19community for the provision of appropriate services on a voluntary basis. If the
20agency or county department employs the community services response under this
21subdivision, the agency or county department is not required to conduct an
22assessment under subd. 2.,
shall refer the report to the sheriff or police department
23under sub. (3) (a) 3., or but is not required to conduct an assessment under subd. 2.
24or
determine by a preponderance of the evidence under sub. (3) (c) 4. that abuse or

1neglect has occurred or is likely to occur or that a specific person has abused or
2neglected the child.".
SB326-SA2,4,3 35. Page 3, line 15: after "4." insert "and (3m) (c) 1., 2. b., and 3.".
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