AB463: Bill Text Engrossed

AB463-engrossed,109,20 48.57 (1) (g) Upon request of the department of health and family services or the department of corrections, to provide service for any child or expectant mother of an unborn child in the care of those departments.

AB463-engrossed, s. 255 Section 255. 48.57 (2) of the statutes is amended to read:

AB463-engrossed,109,25 48.57 (2) In performing the functions specified in sub. (1) the county department may avail itself of the cooperation of any individual or private agency or organization interested in the social welfare of children and unborn children in the county.

AB463-engrossed, s. 256 Section 256. 48.59 (1) of the statutes is amended to read:

AB463-engrossed,110,17 48.59 (1) The county department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under s. 48.345 and of every expectant mother of an unborn child placed under its supervision under s. 48.347 and make any physical or mental examinations of the child or expectant mother considered necessary to determine the type of care necessary for the child or expectant mother. The county department shall screen a child or expectant mother who is examined under this subsection to determine whether the child or expectant mother is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child or expectant mother, the results of all tests and examinations given the child or expectant mother and a complete history of all placements of the child while in the legal custody or under the supervision of the county department or of the expectant mother while under the supervision of the county department.

AB463-engrossed, s. 257 Section 257. 48.59 (2) of the statutes is amended to read:

AB463-engrossed,110,22 48.59 (2) At the department's request, the county department shall report to the department regarding children who are in the legal custody or under the supervision of the county department and expectant mothers of unborn children who are under the supervision of the county department.

AB463-engrossed, s. 258 Section 258. 48.78 (2) (aj) of the statutes is created to read:

AB463-engrossed,111,6 48.78 (2) (aj) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of an expectant mother of an unborn child who is the subject of the record, if 14 years of age or over, or upon the request of an unborn child by the unborn child's guardian ad litem to the expectant mother or unborn child by the unborn child's guardian ad litem, unless the agency determines that inspection of those records by the expectant mother or unborn child by the unborn child's guardian ad litem would result in imminent danger to anyone.

AB463-engrossed, s. 259 Section 259. 48.78 (2) (ap) of the statutes is created to read:

AB463-engrossed,111,17 48.78 (2) (ap) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of an expectant mother of an unborn child who is the subject of the record, if 14 years of age or over, and of her parent, guardian or legal custodian, if under 14 years of age, and of the unborn child by the unborn child's guardian ad litem, to the person named in the permission if the expectant mother, or parent, guardian or legal custodian, and unborn child by the unborn child's guardian ad litem specifically identify the record in the written permission, unless the agency determines that inspection of those records by the person named in the permission would result in imminent danger to anyone.

AB463-engrossed, s. 260 Section 260. 48.981 (title) of the statutes is amended to read:

AB463-engrossed,111,20 48.981 (title) Abused or neglected children and abused unborn children.

AB463-engrossed, s. 261 Section 261. 48.981 (1) (ct) of the statutes is created to read:

AB463-engrossed,111,24 48.981 (1) (ct) "Indian unborn child" means an unborn child who, when born, may be eligible for affiliation with an Indian tribe or band in any of the following ways:

AB463-engrossed,111,25 1. As a member of the tribe or band.

AB463-engrossed,112,2 2. As a person who is both eligible for membership in the tribe or band and the biological child of a member of the tribe or band.

AB463-engrossed, s. 262 Section 262. 48.981 (1) (h) (intro.) of the statutes is amended to read:

AB463-engrossed,112,5 48.981 (1) (h) (intro.) "Subject" means a person or unborn child named in a report or record as either any of the following:

AB463-engrossed, s. 263 Section 263. 48.981 (1) (h) 1m. of the statutes is created to read:

AB463-engrossed,112,8 48.981 (1) (h) 1m. An unborn child who is the victim or alleged victim of abuse or who is at substantial risk of abuse.

AB463-engrossed, s. 264 Section 264. 48.981 (1) (h) 2. of the statutes is amended to read:

AB463-engrossed,112,11 48.981 (1) (h) 2. A person who is suspected of abuse or neglect or who has been determined to have abused or neglected a child or to have abused an unborn child.

AB463-engrossed, s. 265 Section 265. 48.981 (2) of the statutes is amended to read:

AB463-engrossed,113,12 48.981 (2) Persons required to report. A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental health professional, social worker, marriage and family therapist, professional counselor, public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or counselor, mediator under s. 767.11, child care worker in a day care center or child caring institution, day care provider, alcohol or other drug abuse counselor, member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42 or 51.437, physical therapist, occupational therapist, dietitian, speech-language pathologist, audiologist, emergency medical technician or police or law enforcement officer having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or, having reasonable cause to suspect that an unborn child of an expectant mother seen in the course of professional duties has been abused, having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur or having reason to believe that an unborn child of an expectant mother seen in the course of professional duties is at substantial risk of abuse shall, except as provided under sub. subs. (2m) and (2r), report as provided in sub. (3). Any other person, including an attorney, having reason to suspect that a child has been abused or neglected or , reason to suspect that an unborn child has been abused, reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur or reason to believe that an unborn child is at substantial risk of abuse may make such a report. No person making a report under this subsection may be discharged from employment for so doing.

AB463-engrossed, s. 265m Section 265m. 48.981 (2m) (title) of the statutes is amended to read:

AB463-engrossed,113,14 48.981 (2m) (title) Exception to reporting requirement; health care services.

AB463-engrossed, s. 265r Section 265r. 48.981 (2r) of the statutes is created to read:

AB463-engrossed,113,17 48.981 (2r) Exception to reporting requirement; services for expectant mothers. (a) In this subsection:

AB463-engrossed,113,20 1. "Alcohol or other drug abuse services" means any services relating to the prevention, education, diagnosis, evaluation, assessment, treatment, rehabilitation or care of a person suffering from an alcohol or other drug abuse impairment.

AB463-engrossed,114,2 2. "Alcohol or other drug abuse services provider" means a physician, nurse or other medical professional, a psychologist, social worker, marriage and family therapist, professional counselor, school counselor, alcohol or other drug abuse counselor or other mental health professional, a member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42 or 51.437 or any other person who is providing alcohol or other drug abuse services.

AB463-engrossed,114,3 3. "Health care provider" has the meaning given in sub. (2m) (b) 1.

AB463-engrossed,114,5 4. "Health care service" means any medical or surgical services including any health care service described in sub. (2m) (b) 2.

AB463-engrossed,114,9 (b) Except as provided under par. (c), the following persons are not required to report as suspected or threatened abuse, as defined in s. 48.02 (1) (am), the habitual lack of self control of the expectant mother in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree:

AB463-engrossed,114,11 1. An alcohol or other drug abuse services provider who provides any alcohol or other drug abuse services to an expectant mother of an unborn child.

AB463-engrossed,114,14 2. A person who obtains information about an expectant mother of an unborn child who is receiving or who has received alcohol or other drug abuse services from an alcohol or other drug abuse services provider.

AB463-engrossed,114,16 3. A health care provider who provides any health care services to an expectant mother of an unborn child.

AB463-engrossed,114,19 4. A person who obtains information about an expectant mother of an unborn child who is receiving or who has received health care services from a health care provider.

AB463-engrossed,114,23 (c) Any person described in par. (b) shall report as required under sub. (2) if the expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or if the expectant mother is not making or has not made a good faith effort to participate in the alcohol or other drug abuse services offered to her.

AB463-engrossed, s. 266 Section 266. 48.981 (3) (a) of the statutes is amended to read:

AB463-engrossed,115,9 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 the sheriff or city, village or town police department of the facts and circumstances contributing to a suspicion of child abuse or neglect or of unborn child abuse 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 all cases reported to it. The county department may require that a subsequent report be made in writing. Each county department shall adopt a written policy specifying the kinds of reports it will routinely report to local law enforcement authorities.

AB463-engrossed, s. 267 Section 267. 48.981 (3) (b) 1. of the statutes is amended to read:

AB463-engrossed,115,17 48.981 (3) (b) 1. Any person reporting under this section may request an immediate investigation by the sheriff or police department if the person has reason to suspect that a child's the health or safety of a child or of an unborn child is in immediate danger. Upon receiving such a request, the sheriff or police department shall immediately investigate to determine if there is reason to believe that the child's health or safety of the child or unborn child is in immediate danger and take any necessary action to protect the child or unborn child.

AB463-engrossed, s. 268 Section 268. 48.981 (3) (b) 2. of the statutes is amended to read:

AB463-engrossed,115,21 48.981 (3) (b) 2. If the investigating officer has reason under s. 48.19 (1) (c) or (cm) or (d) 5. or 8. to take a child into custody, the investigating officer shall take the child into custody and deliver the child to the intake worker under s. 48.20.

AB463-engrossed, s. 269 Section 269. 48.981 (3) (b) 2m. of the statutes is created to read:

AB463-engrossed,116,2 48.981 (3) (b) 2m. If the investigating officer has reason under s. 48.193 (1) (c) or (d) 2. to take the adult expectant mother of an unborn child into custody, the investigating officer shall take the adult expectant mother into custody and deliver the adult expectant mother to the intake worker under s. 48.203.

AB463-engrossed, s. 270 Section 270. 48.981 (3) (bm) (intro.) of the statutes is amended to read:

AB463-engrossed,116,13 48.981 (3) (bm) Notice of report to Indian tribal agent. (intro.) In a county which has wholly or partially within its boundaries a federally recognized Indian reservation or a bureau of Indian affairs service area for the Winnebago Ho-Chunk tribe, if a county department which receives a report under par. (a) pertaining to a child or unborn child knows that he or she the child is an Indian child who resides in the county or that the unborn child is an Indian unborn child whose expectant mother resides in the county, the county department shall provide notice, which shall consist only of the name and address of the child or expectant mother and the fact that a report has been received about that child or unborn child, within 24 hours to one of the following:

AB463-engrossed, s. 271 Section 271. 48.981 (3) (bm) 1. of the statutes is amended to read:

AB463-engrossed,116,18 48.981 (3) (bm) 1. If the county department knows with which tribe or band the child is affiliated, or with which tribe or band the unborn child, when born, may be eligible for affiliation, and it is a Wisconsin tribe or band, the tribal agent of that tribe or band.

AB463-engrossed, s. 272 Section 272. 48.981 (3) (bm) 2. of the statutes is amended to read:

AB463-engrossed,116,24 48.981 (3) (bm) 2. If the county department does not know with which tribe or band the child is affiliated, or with which tribe or band the unborn child, when born, may be eligible for affiliation, or the child or expectant mother is not affiliated with a Wisconsin tribe or band, the tribal agent serving the reservation or Winnebago Ho-Chunk service area where the child or expectant mother resides.

AB463-engrossed, s. 273 Section 273. 48.981 (3) (bm) 3. of the statutes is amended to read:

AB463-engrossed,117,2 48.981 (3) (bm) 3. If neither subd. 1. nor 2. applies, any tribal agent serving a reservation or Winnebago Ho-Chunk service area in the county.

AB463-engrossed, s. 274 Section 274. 48.981 (3) (c) 1. of the statutes is amended to read:

AB463-engrossed,118,4 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 shall, in accordance with the authority granted to 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 investigation shall be conducted in accordance with standards established by the department for conducting child abuse and neglect investigations or unborn child abuse 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 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.

AB463-engrossed, s. 275 Section 275. 48.981 (3) (c) 2m. of the statutes is created to read:

AB463-engrossed,118,12 48.981 (3) (c) 2m. a. If the person making the investigation is an employe of the county department and he or she determines that it is consistent with the best interest of the unborn child in terms of physical safety and physical health to take the expectant mother into custody for the immediate protection of the unborn child, he or she shall take the expectant mother into custody under s. 48.08 (2), 48.19 (1) (cm) or 48.193 (1) (c) and deliver the expectant mother to the intake worker under s. 48.20 or 48.203.

AB463-engrossed,118,19 b. If the person making the investigation is an employe of a licensed child welfare agency which is under contract with the county department and he or she determines that any unborn child requires immediate protection, he or she shall notify the county department of the circumstances and together with an employe of the county department shall take the expectant mother of the unborn child into custody under s. 48.08 (2), 48.19 (1) (cm) or 48.193 (1) (c) and deliver the expectant mother to the intake worker under s. 48.20 or 48.203.

AB463-engrossed, s. 276 Section 276. 48.981 (3) (c) 3. of the statutes is amended to read:

AB463-engrossed,119,5 48.981 (3) (c) 3. If the county 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 or that the expectant mother of an unborn child is in need of services, the county department shall offer to provide appropriate services or to make arrangements for the provision of services. If the child's parent, guardian or legal custodian or the expectant mother refuses to accept the services, the county department 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 or that a petition be filed under s. 48.133 alleging that the unborn child who is the subject of the report is in need of protection or services.

AB463-engrossed, s. 277 Section 277. 48.981 (3) (c) 5. of the statutes is amended to read:

AB463-engrossed,119,13 48.981 (3) (c) 5. The county department and licensed child welfare agency under contract with the county department 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 or to any expectant mother of an unborn child. The county department and licensed child welfare agency under contract with the county department shall update the record every 6 months until the case is closed.

AB463-engrossed, s. 278 Section 278. 48.981 (3) (c) 6. of the statutes is amended to read:

AB463-engrossed,119,19 48.981 (3) (c) 6. The county department or licensed child welfare agency under contract with the county department 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 or unborn child who is the subject of the report.

AB463-engrossed, s. 279 Section 279. 48.981 (3) (c) 6m. of the statutes is amended to read:

AB463-engrossed,120,15 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, or is a relative of the expectant mother of the unborn child, that person may make a written request to the county department or licensed child welfare agency under contract with the county department for information regarding what action, if any, was taken to protect the health and welfare of the child or unborn child who is the subject of the report. A county department or licensed child welfare 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 or unborn 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 or unborn child.

AB463-engrossed, s. 280 Section 280. 48.981 (3) (c) 7. of the statutes is amended to read:

AB463-engrossed,121,2 48.981 (3) (c) 7. The county department shall cooperate with law enforcement officials, courts of competent jurisdiction, tribal governments and other human service agencies to prevent, identify and treat child abuse and neglect and unborn child abuse. The county department shall coordinate the development and provision of services to abused and neglected children and, to abused unborn children, to families where in which child abuse or neglect has occurred or, to expectant mothers who have abused their unborn children, to children and families where when circumstances justify a belief that child abuse or neglect will occur and to the expectant mothers of unborn children when circumstances justify a belief that unborn child abuse will occur.

AB463-engrossed, s. 281 Section 281. 48.981 (3) (c) 8. of the statutes is amended to read:

AB463-engrossed,121,13 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 receives or that is received by a licensed child welfare agency that is under contract with the county department and about each investigation it or a licensed child welfare agency under contract with the county department 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. The department shall use nonidentifying information to maintain statewide statistics on child abuse and neglect and on unborn child abuse, and for planning and policy development purposes.

AB463-engrossed, s. 282 Section 282. 48.981 (3) (d) 1. of the statutes is amended to read:

AB463-engrossed,121,20 48.981 (3) (d) 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 who is working with the a child or expectant mother of an unborn child under contract with or under the supervision of the county department under s. 46.215 or 46.22.

AB463-engrossed, s. 283 Section 283. 48.981 (3) (d) 2. of the statutes is amended to read:

AB463-engrossed,122,15 48.981 (3) (d) 2. If an agent or employe of a county department or licensed child welfare agency under contract with the county department 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 determines that, because of the relationship between the county department or licensed child welfare agency under contract with the county department 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 would not conduct an unbiased investigation, the county department or licensed child welfare agency under contract with the county department shall, after taking any action necessary to protect the child or unborn child, notify the department. Upon receipt of the notice, the department or a county department or child welfare agency designated by the department 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 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).

AB463-engrossed, s. 284 Section 284. 48.981 (4) of the statutes is amended to read:

AB463-engrossed,122,24 48.981 (4) Immunity from liability. (a) Any person or institution participating in good faith in the making of a report, conducting an investigation, ordering or taking of photographs or ordering or performing medical examinations of a child or of an expectant mother under this section shall have immunity from any liability, civil or criminal, that results by reason of the action. For the purpose of any proceeding, civil or criminal, the good faith of any person reporting under this section shall be presumed. The immunity provided under this subsection does not apply to liability for abusing or neglecting a child or for abusing an unborn child.

AB463-engrossed,123,5 (b) Any person who fails to report abuse of an unborn child based on a good faith evaluation, including evaluation of information provided by the expectant mother, shall have immunity from any liability, civil or criminal, that results from the failure to report. For the purpose of any proceeding, civil or criminal, the good faith of any person failing to report shall be presumed.

AB463-engrossed, s. 285 Section 285. 48.981 (7) (a) 1m. of the statutes is amended to read:

AB463-engrossed,123,14 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 for information regarding what action, if any, was taken to protect the health and welfare of the child or unborn 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 or unborn child who is the subject of the report.

AB463-engrossed, s. 286 Section 286. 48.981 (7) (a) 3m. of the statutes is amended to read:

AB463-engrossed,123,18 48.981 (7) (a) 3m. A child's parent, guardian or legal custodian or the expectant mother of an unborn child, except that the person or agency maintaining the record or report may not disclose any information that would identify the reporter.

AB463-engrossed, s. 287 Section 287. 48.981 (7) (a) 4. of the statutes is amended to read:

AB463-engrossed,123,24 48.981 (7) (a) 4. A child's foster parent, treatment foster parent or other person having physical custody of the child or a person having physical custody of the expectant mother of an unborn child, except that the person or agency maintaining the record or report may not disclose any information that would identify the reporter.

AB463-engrossed, s. 288 Section 288. 48.981 (7) (a) 5. of the statutes is amended to read:

AB463-engrossed,124,4 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 or the expectant mother of the unborn child under contract with or under the supervision of the county department under s. 46.215 or 46.22.

AB463-engrossed, s. 289 Section 289. 48.981 (7) (a) 6. of the statutes is amended to read:

AB463-engrossed,124,7 48.981 (7) (a) 6. A multidisciplinary child abuse and neglect or unborn child abuse team recognized by the county department.