AB100: Bill Text

AB100,763,16 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, s. 1710 Section 1710. 48.981 (3) (c) 7. of the statutes is amended to read:

AB100,764,2 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, s. 1711 Section 1711. 48.981 (3) (c) 8. of the statutes is amended to read:

AB100,764,17 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, s. 1712 Section 1712. 48.981 (3) (c) 9. of the statutes is amended to read:

AB100,764,20 48.981 (3) (c) 9. The county agency may petition for child abuse restraining orders and injunctions under s. 48.25 (6).

AB100, s. 1713 Section 1713. 48.981 (3) (cm) of the statutes is amended to read:

AB100,765,4 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, s. 1714 Section 1714. 48.981 (3) (d) of the statutes is amended to read:

AB100,765,12 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.

AB100,766,7 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, s. 1715 Section 1715. 48.981 (5) of the statutes is amended to read:

AB100,766,17 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, s. 1716 Section 1716. 48.981 (7) (a) (intro.) of the statutes is amended to read:

AB100,766,23 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, s. 1717 Section 1717. 48.981 (7) (a) 1m. of the statutes is amended to read:

AB100,767,8 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, s. 1718 Section 1718. 48.981 (7) (a) 2. of the statutes is amended to read:

AB100,767,12 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, s. 1719 Section 1719. 48.981 (7) (a) 5. of the statutes is amended to read:

AB100,767,18 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, s. 1720 Section 1720. 48.981 (7) (a) 6. of the statutes is amended to read:

AB100,767,22 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, s. 1721 Section 1721. 48.981 (7) (a) 6m. of the statutes is amended to read:

AB100,768,4 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, s. 1722 Section 1722. 48.981 (7) (a) 8. of the statutes is amended to read:

AB100,768,7 48.981 (7) (a) 8. A law enforcement officer or law enforcement agency or a district attorney for purposes of investigation or prosecution.

AB100, s. 1723 Section 1723. 48.981 (7) (a) 11. of the statutes is amended to read:

AB100,768,12 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, s. 1724 Section 1724. 48.981 (7) (a) 11r. of the statutes is amended to read:

AB100,768,20 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, s. 1725 Section 1725. 48.981 (7) (a) 13. of the statutes is amended to read:

AB100,768,24 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, s. 1726 Section 1726. 48.981 (7) (a) 15. of the statutes is amended to read:

AB100,769,3 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, s. 1727 Section 1727. 48.981 (7) (cm) of the statutes is amended to read:

AB100,769,6 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, s. 1728 Section 1728. 48.981 (7) (d) of the statutes is amended to read:

AB100,769,10 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, s. 1729 Section 1729. 48.981 (8) (a) of the statutes is amended to read:

AB100,769,25 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, s. 1730 Section 1730. 48.981 (8) (c) of the statutes is amended to read:

AB100,770,8 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, s. 1731 Section 1731. 48.981 (8) (d) 1. of the statutes is amended to read:

AB100,770,15 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, s. 1732 Section 1732. 48.981 (8) (d) 2. of the statutes is amended to read:

AB100,770,21 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, s. 1733 Section 1733. 48.981 (10) of the statutes is amended to read:

AB100,770,25 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, s. 1734 Section 1734. 48.982 (2) (g) (intro.) of the statutes is amended to read:

AB100,771,3 48.982 (2) (g) (intro.) In coordination with the departments of health and social services and education public instruction:

AB100, s. 1735 Section 1735. 48.985 (1) of the statutes is amended to read:

AB100,771,12 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, s. 1736 Section 1736. 48.985 (2) (a) of the statutes is renumbered 48.985 (2) and amended to read:

AB100,771,21 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.

AB100, s. 1737 Section 1737. 48.985 (3) of the statutes is amended to read:

AB100,772,2 48.985 (3) Community youth and family aids. From the appropriation account under s. 20.410 (3) (oo) (ko), the department of corrections shall allocate, to county departments under ss. 46.215, 46.22 and 46.23 for the provision of services under s. 301.26, not more than $1,100,000 in each fiscal year.

AB100, s. 1738 Section 1738. 49.025 (2) (a) (intro.) of the statutes is amended to read:

AB100,772,7 49.025 (2) (a) (intro.) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (1) (5) (bt), an amount for that year determined as follows:

AB100, s. 1739 Section 1739. 49.027 (2) (a) (intro.) of the statutes is amended to read:

AB100,772,12 49.027 (2) (a) (intro.) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (1) (5) (bu), an amount for that year determined as follows:

AB100, s. 1740 Section 1740. 49.027 (2) (a) 1. d. of the statutes is amended to read:

AB100,772,16 49.027 (2) (a) 1. d. The department shall multiply the amount determined under subd. 1. c. by the amount appropriated under s. 20.435 (1) (5) (bu) for relief block grants for that year.

AB100, s. 1741 Section 1741. 49.029 (2) of the statutes is amended to read:

AB100,772,25 49.029 (2) Amount and distribution of relief block grant. From the appropriation under s. 20.435 (1) (5) (bs), the department shall distribute a relief block grant to each eligible tribal governing body in an amount and in a manner determined in accordance with rules promulgated by the department. The department shall promulgate the rules after consulting with all tribal governing bodies eligible for a relief block grant. In promulgating rules under this section, the department shall consider each tribe's economic circumstances and need for health care services.

AB100, s. 1742 Section 1742. 49.124 (1) of the statutes is renumbered 49.124 (1) (intro.) and amended to read:

AB100,773,3 49.124 (1) (title) Definition Definitions. In this section, "food:

AB100,773,5 (b) "Food stamp program" means the federal food stamp program under 7 USC 2011 to 2029 2036.

AB100, s. 1743 Section 1743. 49.124 (1) (ag) of the statutes is created to read:

AB100,773,8 49.124 (1) (ag) "Controlled substance" has the meaning given in 21 USC 802 (6).

AB100, s. 1744 Section 1744. 49.124 (1) (am) of the statutes is created to read:

AB100,773,10 49.124 (1) (am) "Custodial parent" has the meaning given in s. 49.141 (1) (b).

AB100, s. 1745 Section 1745. 49.124 (1) (c) of the statutes is created to read:

AB100,773,12 49.124 (1) (c) "Noncustodial parent" has the meaning given in s. 49.141 (1) (h).

AB100, s. 1746 Section 1746. 49.124 (1) (d) of the statutes is created to read:

AB100,773,14 49.124 (1) (d) "Parent" has the meaning given in s. 49.141 (1) (j).

AB100, s. 1747 Section 1747. 49.124 (1) (e) of the statutes is created to read:

AB100,773,17 49.124 (1) (e) "Wisconsin works employment position" has the meaning given in s. 49.141 (1) (r).

AB100, s. 1748 Section 1748. 49.124 (1g) of the statutes is created to read:

AB100,773,20 49.124 (1g) Denial of eligibility. An individual is ineligible to participate in the food stamp program in a month that any of the following is true:

AB100,774,3 (a) The individual is a custodial parent of a child who is under the age of 18 and who has an absent parent, or the individual lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent, and the individual does not fully cooperate in efforts directed at establishing the paternity of the child, if necessary, and obtaining support payments, if any, or other payments or property, if any, to which that individual or the child may have rights. This paragraph does not apply if the individual has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.

AB100,774,8 (b) The individual is a man who is alleged to be the father under s. 767.45 of a child under the age of 18 or who has been ordered to submit to a genetic test under s. 49.225 and the individual refuses to cooperate, as determined by the department in accordance with federal law and regulations, in efforts directed at establishing the paternity of the child.

AB100,774,12 (c) If the individual is a noncustodial mother of a child under the age of 18 and the paternity of the father has not been established, the individual refuses to cooperate, as determined by the department in accordance with federal law and regulations, in efforts directed at establishing the paternity of the child.

AB100,774,15 (d) The individual is a noncustodial parent of a child under the age of 18 and the individual refuses to cooperate, as determined by the department in accordance with federal law and regulations, in providing or obtaining support for the child.

AB100,774,18 (e) The individual is obligated by court order to provide child support payments and is delinquent in making those court-ordered payments. This paragraph does not apply if any of the following applies:

AB100,774,20 1. The delinquency equals less than 3 months of the court-ordered support payments.