SB79: Bill Text

SB79,7,12 4. If the child was placed in his or her home when the egregious incident occurred, the summary report under subd. 3. shall contain all of the following:

SB79,7,15 a. Information about the child, including the age, gender, and race or ethnicity of the child, a description of the child's family, and, if relevant to the egregious incident, a description of any special needs of the child.

SB79,7,20 b. A statement of whether any services under this chapter were being provided to the child, the child's family, or the person suspected of the abuse or neglect, or whether the child, any member of the child's family, or the person suspected of the abuse or neglect was the subject of a referral to the agency for services, at the time of the egregious incident.

SB79,7,23 c. A summary of all involvement of the child's parents and of the person suspected of the abuse or neglect in receiving services under this chapter in the 5 years preceding the date of the egregious incident.

SB79,8,2 d. A summary of any actions taken by the agency with respect to the child, the child's family, and the person suspected of the abuse or neglect, including any referrals by the agency of the child, any member of the child's family, or the person suspected of the abuse or neglect for services.

SB79,8,4 e. The suspected cause of the death or serious or critical condition of the child, as reported by the agency under subd. 2. c.

SB79,8,7 f. The findings on which the agency bases its reasonable suspicion that an egregious incident has occurred, including any material circumstances leading to the death or serious or critical condition of the child.

SB79,8,9 g. A summary of any services that have been provided to the child's family since the date of the egregious incident.

SB79,8,12 5. If the child was placed in an out-of-home placement at the time of the egregious incident, the summary report under subd. 3. shall contain all of the following:

SB79,8,15 a. Information about the child, including the age, gender, and race or ethnicity of the child and, if relevant to the egregious incident, a description of any special needs of the child.

SB79,8,17 b. A description of the out-of-home placement, including the basis for the decision to place the child in that placement.

SB79,8,19 c. A summary of any actions taken by the agency relating to the supervision of the child's out-of-home placement.

SB79,8,20 d. A description of all other persons residing in the out-of-home placement.

SB79,9,2 e. The licensing history of the out-of-home placement, including the type of license held by the operator of the placement, the period for which the placement has been licensed, and a summary of all violations by the licensee of any provisions of licensure under s. 48.70 (1) or rules promulgated by the department under s. 48.67 and of any other actions by the licensee or an employee of the licensee that constitute a substantial failure to protect and promote the health, safety, and welfare of a child.

SB79,9,4 f. The suspected cause of the death or serious or critical condition of the child, as reported by the agency under subd. 2. c.

SB79,9,7 g. The findings on which the agency bases its reasonable suspicion that an egregious incident has occurred, including any material circumstances leading to the death or serious or critical condition of the child.

SB79,9,8 6. A summary report under subd. 3. may not include any of the following:

SB79,9,10 a. Any information that would reveal the identity of the child who is the subject of the summary report, any member of the child's family, or any caregiver of the child.

SB79,9,12 b. Any information that would reveal the identity of any employee of the agency that provided the information under subd. 2.

SB79,9,14 c. Any information that would reveal the identity of a reporter or of any other person who provides information relating to the egregious incident.

SB79,9,17 d. Any confidential medical, psychological, or psychiatric information relating to the child or to any member of the child's family that is not relevant to the egregious incident.

SB79,9,19 e. Any information the disclosure of which is not authorized by state law or rule or federal law or regulation.

SB79,9,23 7. The subunit of the department that prepares a summary report under subd. 3. may not transmit the summary report to the legislature or make the summary report available to the public if the subunit determines that disclosure of the summary report would jeopardize any of the following:

SB79,9,25 a. Any ongoing or future criminal investigation or prosecution or a defendant's right to a fair trial.

SB79,10,2 b. Any ongoing or future civil investigation or proceeding or the fairness of such a proceeding.

SB79,10,8 8. Any person acting in good faith in providing information under subd. 2. or in preparing, transmitting, or making available a summary report under subd. 3. is immune from any liability, civil, or criminal, that may result by reason of those actions. For purposes of any proceeding, civil or criminal, the good faith of a person in providing information under subd. 2. or in preparing, transmitting, or making available a summary report under subd. 3. shall be presumed.

SB79, s. 2 Section 2. 48.981 (9) of the statutes is renumbered 48.981 (9) (a) (intro.) and amended to read:

SB79,10,14 48.981 (9) (a) (intro.) Annually, the department shall prepare and transmit to the governor, and to the legislature under s. 13.172 (2), a report on the status of child abuse and neglect programs and on the status of unborn child abuse programs. The report shall include a all of the following:

SB79,10,20 1. A full statistical analysis of the child abuse and neglect reports, and the unborn child abuse reports, made through the last calendar year, an broken down by reports of abuse or neglect by the primary caregivers of children; reports of abuse or neglect of children placed in out-of-home placements by persons residing in those placements; and reports of the deaths of children receiving services under this chapter, including the causes of those deaths.

SB79,10,22 3. An evaluation of services offered under this section and their effectiveness, and recommendations.

SB79,10,24 4. Recommendations for additional legislative and other action to fulfill the purpose of this section. The

SB79,11,3 (b) If requested by a county, the department shall provide statistical breakdowns by county, if requested by a county by county of the information provided in the report under par. (a).

SB79, s. 3 Section 3. 48.981 (9) (a) 2. of the statutes is created to read:

SB79,11,8 48.981 (9) (a) 2. A cumulative report of all summary reports of egregious incidents prepared under sub. (7) (cr) 3. through the last calendar year and recommendations for changes in state or local policies, procedures, or programs, including changes in statutes or rules, to prevent egregious incidents.

SB79, s. 4 Section 4. Initial applicability.

SB79,11,12 (1) Egregious incident reporting. This act first applies to an egregious incident, as defined in section 48.981 (7) (cr) 1. of the statutes, as affected by this act, that occurs on the effective date of this subsection.

SB79, s. 5 Section 5. Effective date.

SB79,11,15 (1) Egregious incident reporting. This act takes effect on the first day of the 3rd month beginning after publication.

SB79,11,16 (End)