SB299,10,64 d. A summary of any actions taken by the agency with respect to the child, any
5member of the child's family, and the person suspected of the abuse or neglect,
6including any referrals by the agency of any of those persons for services.
SB299,10,97 e. The date of the incident and the suspected cause of the death, serious injury,
8or egregious abuse or neglect of the child, as reported by the agency under subd. 2.
9c.
SB299,10,1310 f. The findings on which the agency bases its reasonable suspicion that an
11incident of death or serious injury or an incident of egregious abuse or neglect has
12occurred, including any material circumstances leading to the death, serious injury,
13or egregious abuse or neglect of the child.
SB299,10,1514 g. A summary of any services that have been provided to the child and the
15child's family since the date of the incident.
SB299,10,1816 5. If the child was placed in an out-of-home placement at the time of the
17incident of death or serious injury or incident of egregious abuse or neglect, the
18summary report under subd. 3. shall contain all of the following:
SB299,10,2119 a. Information about the child, including the age, gender, and race or ethnicity
20of the child and, if relevant to the incident, a description of any special needs of the
21child.
SB299,10,2322 b. A description of the out-of-home placement, including the basis for the
23decision to place the child in that placement.
SB299,10,2424 c. A description of all other persons residing in the out-of-home placement.
SB299,11,6
1d. The licensing history of the out-of-home placement, including the type of
2license held by the operator of the placement, the period for which the placement has
3been licensed, and a summary of all violations by the licensee of any provisions of
4licensure under s. 48.70 (1) or rules promulgated by the department under s. 48.67
5and of any other actions by the licensee or an employee of the licensee that constitute
6a substantial failure to protect and promote the health, safety, and welfare of a child.
SB299,11,97 e. The date of the incident and the suspected cause of the death, serious injury,
8or egregious abuse or neglect of the child, as reported by the agency under subd. 2.
9c.
SB299,11,1310 f. The findings on which the agency bases its reasonable suspicion that an
11incident of death or serious injury or an incident of egregious abuse or neglect has
12occurred, including any material circumstances leading to the death, serious injury,
13or egregious abuse or neglect of the child.
SB299,11,1514 6. A summary report or other release or disclosure of information under subd.
153. may not include any of the following:
SB299,11,1816 a. Any information that would reveal the identity of the child who is the subject
17of the summary report, any member of the child's family, any member of the child's
18household who is a child, or any caregiver of the child.
SB299,11,2219 b. Any information that would reveal the identity of the person suspected of the
20abuse or neglect or any employee of any agency that provided services under this
21chapter to the child or that participated in the investigation of the incident of death
22or serious injury or the incident of egregious abuse or neglect.
SB299,11,2523 c. Any information that would reveal the identity of a reporter or of any other
24person who provides information relating to the incident of death or serious injury
25or the incident of egregious abuse or neglect.
SB299,12,10
1d. Any information the disclosure of which would not be in the best interests
2of the child who is the subject of the summary report, any member of the child's
3family, any member of the child's household who is a child, or any caregiver of the
4child, as determined by the subunit of the department that received the information,
5after consultation with the agency that reported the incident of death or serious
6injury or the incident of egregious abuse or neglect, the district attorney of the county
7in which the incident occurred, or the court of that county, and after balancing the
8interest of the child, family or household member, or caregiver in avoiding the stigma
9that might result from disclosure against the interest of the public in obtaining that
10information.
SB299,12,1211 e. Any information the disclosure of which is not authorized by state law or rule
12or federal law or regulation.
SB299,12,1713 7. The subunit of the department that prepares a summary report or otherwise
14releases or discloses information under subd. 3. may not make the summary report
15available or release or disclose the information to the public if the subunit
16determines that making the summary report available or releasing or disclosing the
17information to the public would jeopardize any of the following:
SB299,12,1918 a. Any ongoing or future criminal investigation or prosecution or a defendant's
19right to a fair trial.
SB299,12,2120 b. Any ongoing or future civil investigation or proceeding or the fairness of such
21a proceeding.
SB299,13,722 8. If the department fails to disclose to the public any information that the
23department is required to disclose under this paragraph, any person may request the
24department to disclose that information. If the person's request is denied, the person
25may petition the court to order the disclosure of that information. On receiving a

1petition under this subdivision, the court shall notify the department, the agency, the
2district attorney, the child, and the child's parent, guardian, or legal custodian of the
3petition. If any person notified objects to the disclosure, the court may hold a hearing
4to take evidence and hear argument relating to the disclosure of the information.
5The court shall make an in camera inspection of the information sought to be
6disclosed and shall order disclosure of the information, unless the court finds that
7any of the circumstances specified in subd. 6. or 7. apply.
SB299,13,158 9. Any person acting in good faith in providing information under subd. 2., in
9preparing, transmitting, or making available a summary report under subd. 3., or
10in otherwise releasing or disclosing information under subd. 3. is immune from any
11liability, civil or criminal, that may result by reason of those actions. For purposes
12of any proceeding, civil or criminal, the good faith of a person in providing
13information under subd. 2., in preparing, transmitting, or making available a
14summary report under subd. 3., or in otherwise releasing or disclosing information
15under subd. 3. shall be presumed.
SB299, s. 2 16Section 2. 48.981 (9) (title) of the statutes is amended to read:
SB299,13,1717 48.981 (9) (title) Annual and quarterly reports.
SB299, s. 3 18Section 3. 48.981 (9) of the statutes is renumbered 48.981 (9) (a).
SB299, s. 4 19Section 4. 48.981 (9) (a) (title) of the statutes is created to read:
SB299,13,2020 48.981 (9) (a) (title) Annual reports.
SB299, s. 5 21Section 5. 48.981 (9) (b) of the statutes is created to read:
SB299,14,2022 48.981 (9) (b) Quarterly reports. Within 30 days after the end of each calendar
23quarter, the department shall prepare and transmit to the governor, and to the
24appropriate standing committees of the legislature under s. 13.172 (3), a summary
25report of all reports received by the department under sub. (3) (c) 8. during the

1previous calendar quarter of abuse, as defined in s. 48.02 (1) (b) to (f), of a child who
2is placed in the home of a foster parent, treatment foster parent, or relative other
3than a parent or in a group home, shelter care facility, or residential care center for
4children and youth by that foster parent, treatment foster parent, or relative, by any
5other person who resides in the home of the foster parent, treatment foster parent,
6or relative, by any relative of the foster parent, treatment foster parent, or relative,
7or by any employee, contractor, or volunteer of the group home, shelter care facility,
8or residential care center for children and youth. The department shall provide for
9each report included in the summary report the number of incidents of abuse
10reported; the dates of those incidents; the county in which those incidents occurred;
11the age or age group of the child who is the subject of the report; the type of placement
12in which the child was placed at the time of the incident; whether it was determined
13under sub. (3) (c) 4. that abuse occurred; and whether the abuse resulted in injury,
14disease, or pregnancy, but may not provide any of the information specified in sub.
15(7) (cr) 6. or any information that would jeopardize an investigation, prosecution, or
16proceeding described in sub. (7) (cr) 7. a. or b. Those committees shall review all
17summary reports transmitted under this paragraph, conduct public hearings on
18those summary reports no less often than annually, and submit recommendations to
19the department regarding those summary reports. The department shall also make
20those summary reports available to the public.
SB299, s. 6 21Section 6. 48.981 (9) (b) of the statutes, as created by 2009 Wisconsin Act ....
22(this act), is amended to read:
SB299,15,2123 48.981 (9) (b) Quarterly reports. Within 30 days after the end of each calendar
24quarter, the department shall prepare and transmit to the governor, and to the
25appropriate standing committees of the legislature under s. 13.172 (3), a summary

1report of all reports received by the department under sub. (3) (c) 8. during the
2previous calendar quarter of abuse, as defined in s. 48.02 (1) (b) to (f), of a child who
3is placed in the home of a foster parent, treatment foster parent, or relative other
4than a parent or in a group home, shelter care facility, or residential care center for
5children and youth by that foster parent, treatment foster parent, or relative, by any
6other person who resides in the home of the foster parent, treatment foster parent,
7or relative, by any relative of the foster parent, treatment foster parent, or relative,
8or by any employee, contractor, or volunteer of the group home, shelter care facility,
9or residential care center for children and youth. The department shall provide for
10each report included in the summary report the number of incidents of abuse
11reported; the dates of those incidents; the county in which those incidents occurred;
12the age or age group of the child who is the subject of the report; the type of placement
13in which the child was placed at the time of the incident; whether it was determined
14under sub. (3) (c) 4. that abuse occurred; and whether the abuse resulted in injury,
15disease, or pregnancy, but may not provide any of the information specified in sub.
16(7) (cr) 6. or any information that would jeopardize an investigation, prosecution, or
17proceeding described in sub. (7) (cr) 7. a. or b. Those committees shall review all
18summary reports transmitted under this paragraph, conduct public hearings on
19those summary reports no less often than annually, and submit recommendations to
20the department regarding those summary reports. The department shall also make
21those summary reports available to the public.
SB299, s. 7 22Section 7. Initial applicability.
SB299,16,223 (1) Incident reporting. This act first applies to an incident of death or serious
24injury, as defined in section 48.981 (7) (cr) 1. a. of the statutes, or an incident of

1egregious abuse or neglect, as defined in section 48.981 (7) (cr) 1. b. of the statutes,
2that occurs on the effective date of this subsection.
SB299, s. 8 3Section 8. Effective dates. This act takes effect on the first day of the 3rd
4month beginning after publication, except as follows:
SB299,16,95 (1) Treatment foster homes. The amendment of section 48.981 (9) (b) of the
6statutes takes effect on the date stated in the notice provided by the secretary of
7children and families and published in the Wisconsin Administrative Register under
8section 48.62 (9) of the statutes, or on the first day of the 3rd month beginning after
9publication, whichever is later.
SB299,16,1010 (End)
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