SB18: Bill Text

SB18,9,22 48.981 (1) (ag) "Agency" means a county department, the department in a county having a population of 500,000 or more, or a licensed child welfare agency under contract with a county department or the department in a county having a population of 500,000 or more to perform investigations under this section. For purposes of performing the duties specified in subs. (3g) (a), (b) 2., (bm) 2., (f), (fm), and (h) 1., 2., and 3. and for purposes of confidentiality of reports and records under sub. (7) to (7m), "agency" also includes a licensed child welfare agency under contract with a county department to perform investigations under this section.

Note: Amends the definition of "agency" to include child welfare agencies under contract with county departments only for purposes of specified provisions to enable the use of the definition throughout s. 48.981, stats.

SB18,8 Section 8. 48.981 (1) (b) of the statutes is renumbered 48.981 (7d) (hm) 1. and amended to read:

SB18,10,21 48.981 (7d) (hm) 1. "Community In this paragraph, "community placement" means probation; extended supervision; parole; aftercare; conditional transfer into the community under s. 51.35 (1); conditional transfer or discharge under s. 51.37 (9); placement in a Type 2 residential care center for children and youth or a Type 2 juvenile correctional facility authorized under s. 938.539 (5); conditional release under s. 971.17; supervised release under s. 980.06 or 980.08; participation in the community residential confinement program under s. 301.046, the intensive sanctions program under s. 301.048, the corrective sanctions program under s. 938.533, the intensive supervision program under s. 938.534, or the serious juvenile offender program under s. 938.538; or any other placement of an adult or juvenile offender in the community under the custody or supervision of the department of corrections, the department of health services, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 or any other person under contract with the department of corrections, the department of health services or a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to exercise custody or supervision over the offender.

Note: Renumbers the definition for "community placement" to place it in the one paragraph where it appears.

SB18,9 Section 9. 48.981 (1) (bm) of the statutes is created to read:

SB18,11,5 48.981 (1) (bm) "Contractor" means, with respect to a school or an institution of higher education, a person, or that person's agent, who provides services to the school or institution of higher education under an express or implied contract or subcontract, including a person who has staff privileges at the school or institution of higher education.

SB18,10 Section 10. 48.981 (1) (ct) of the statutes is renumbered 48.981 (3f) (a) 1.

Note: Renumbers the definition for "Indian unborn child" to place it in the one subsection where it appears.

SB18,11 Section 11. 48.981 (1) (cv) of the statutes is renumbered 48.981 (2) (bm) 1d. b.

Note: Renumbers the definition of "member of a religious order" to place it in the one paragraph where it appears.

SB18,12 Section 12. 48.981 (1) (cx) of the statutes is renumbered 48.981 (2) (bm) 1d. c.

Note: Renumbers the definition for "member of the clergy" to place it in the one paragraph where it appears.

SB18,13 Section 13. 48.981 (1) (i) of the statutes is renumbered 48.981 (3f) (a) 2.

Note: Renumbers the definition of "tribal agent" to place it in the one subsection where it appears.

SB18,14 Section 14. 48.981 (2) (a) (intro.) and 1. to 14. of the statutes are renumbered 48.981 (2) (ar) (intro.) and 1. to 14., and 48.981 (2) (ar) (intro.) and 14., as renumbered, are amended to read:

SB18,12,2 48.981 (2) (ar) Mandatory reporters; professionals. (intro.) Any Except as provided in subs. (2m) and (2r), any of the following persons who has reasonable cause to suspect that a child seen by the person in the course of professional duties has been abused or neglected or who has reason to believe that a child seen by the person in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under subs. (2m) and (2r), report as provided in sub. (3):

SB18,12,5 14. A school teacher employee, contractor, or volunteer, other than a school board member, child, or student that has not yet graduated from high school, who works directly with children at least 40 hours in a school year.

Note: Amends the reporting requirements applicable to school employees to require school employees, volunteers, and contractors who work directly with children at least 40 hours in a school year to report suspected child abuse or neglect. School board members, children, and students who have not yet graduated from high school are exempted from these reporting requirements.

SB18,15 Section 15. 48.981 (2) (a) 15., 16. and 16m. of the statutes are repealed.

Note: Deletes specific references to school teachers, school administrators, and school counselors and school employees not otherwise specified because they are mandated reporters under s. 48.981 (2) (ar) 14., as renumbered and amended.

SB18,16 Section 16. 48.981 (2) (a) 17. to 29. of the statutes is renumbered 48.981 (2) (ar) 17. to 29.

SB18,17 Section 17. 48.981 (2) (ag) of the statutes is created to read:

SB18,12,10 48.981 (2) (ag) Definitions. In this subsection:

SB18,12,13 1. "Abuse" has the meaning given in s. 48.02 (1), except that "physical injury," as used in that definition, includes lacerations, fractured bones, burns, internal injuries, bruising, or great bodily harm, as defined in s. 939.22 (14).

SB18,12,16 2. "Neglect" means failure, refusal, or inability on the part of a caregiver to provide necessary care, food, clothing, medical or dental care, or shelter so as to seriously endanger the physical health of the child.

Note: For purposes of mandated reporting of child abuse and neglect, amends the definition of "physical injury" to remove the words "severe and frequent" from the phrase "severe and frequent bruising", and creates a definition of "neglect" that does not require that a caregiver's failure, refusal, or inability to provide necessary care, food, clothing, medical or dental care, or shelter be caused by reasons other than poverty.

SB18,18 Section 18. 48.981 (2) (ar) 16r., 30. and 31. of the statutes are created to read:

SB18,13,4 48.981 (2) (ar) 16r. An employee, contractor, or volunteer of an institution of higher education, other than a child, who has regular, ongoing contact with children, other than matriculated students of the institution, in a professional or primary setting.

SB18,13,5 30. A probation agent.

SB18,13,6 31. A parole agent.

Note: Amends the list of mandated reporters to include probation agents, parole agents, and any employee, contractor, or volunteer of an institution of higher education, other than a child, who has regular, ongoing contact with children, other than matriculated students of the institution, in a professional or primary setting.

SB18,19 Section 19. 48.981 (2) (b) of the statutes is amended to read:

SB18,13,14 48.981 (2) (b) Mandatory reporters; court-appointed special advocates. A Except as provided in subs. (2m) and (2r), a court-appointed special advocate who has reasonable cause to suspect that a child seen in the course of activities under s. 48.236 (3) has been abused or neglected or who has reason to believe that a child seen in the course of those activities has been threatened with abuse and neglect and that abuse or neglect of the child will occur shall, except as provided in subs. (2m) and (2r), report as provided in sub. (3).

SB18,20 Section 20. 48.981 (2) (bm) (title) of the statutes is created to read:

SB18,13,16 48.981 (2) (bm) Mandatory reporters; members of the clergy.

SB18,21 Section 21. 48.981 (2) (bm) 1. (intro.), a. and b. of the statutes are consolidated, renumbered 48.981 (2) (bm) 1g. and amended to read:

SB18,14,2 48.981 (2) (bm) 1g. Except as provided in subd. 3. and subs. (2m) and (2r), a member of the clergy shall report as provided in sub. (3) if the member of the clergy has reasonable cause to suspect that a child seen by the member of the clergy in the course of his or her professional duties: a. Has has been abused, as defined in s. 48.02 (1) (b) to (f); or b. Has or has been threatened with abuse, as defined in s. 48.02 (1) (b) to (f), and abuse of the child will likely occur.

SB18,22 Section 22. 48.981 (2) (bm) 1d. of the statutes is created to read:

SB18,14,4 48.981 (2) (bm) 1d. In this paragraph:

SB18,14,5 a. "Abuse" has the meaning given in s. 48.02 (1) (b) to (f).

Note: Creates a definition for "abuse" in s. 48.981 (2) (bm), stats., so that the definition need not be repeated each time the term appears within the paragraph.

SB18,23 Section 23. 48.981 (2) (bm) 2. (intro.), a. and b. of the statutes are consolidated, renumbered 48.981 (2) (bm) 2. and amended to read:

SB18,14,14 48.981 (2) (bm) 2. Except as provided in subd. 3. and subs. (2m) and (2r), a member of the clergy shall report as provided in sub. (3) if the member of the clergy has reasonable cause, based on observations made or information that he or she receives, to suspect that a member of the clergy has done any of the following: a. Abused abused a child, as defined in s. 48.02 (1) (b) to (f). b. Threatened or threatened a child with abuse, as defined in s. 48.02 (1) (b) to (f), and abuse of the child will likely occur.

SB18,24 Section 24. 48.981 (2) (bm) 3. of the statutes is amended to read:

SB18,14,22 48.981 (2) (bm) 3. A member of the clergy is not required to report child abuse information under subd. 1. 1g. or 2. that he or she receives solely through confidential communications made to him or her privately or in a confessional setting if he or she is authorized to hear or is accustomed to hearing such communications and, under the disciplines, tenets, or traditions of his or her religion, has a duty or is expected to keep those communications secret. Those disciplines, tenets, or traditions need not be in writing.

SB18,25 Section 25. 48.981 (2) (c) of the statutes is amended to read:

SB18,15,5 48.981 (2) (c) Discretionary reporters; child abuse and neglect. Any person not otherwise specified in par. (a) (ar), (b), or (bm), including an attorney, who has reason to suspect that a child has been abused or neglected or who has reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may report as provided in sub. (3).

Note: Removes the clause "including an attorney" from the phrase "Any person not otherwise specified", including an attorney" to reduce redundancy.

SB18,26 Section 26. 48.981 (2) (d) of the statutes is amended to read:

SB18,15,10 48.981 (2) (d) Discretionary reporters; unborn child abuse. Any person, including an attorney, who has reason to suspect that an unborn child has been abused or who has reason to believe that an unborn child is at substantial risk of abuse may report as provided in sub. (3).

Note: Removes the clause "including an attorney" from the phrase "Any person, including an attorney" to reduce redundancy.

SB18,27 Section 27. 48.981 (2m) (a) (title) of the statutes is created to read:

SB18,15,12 48.981 (2m) (a) (title) Purpose.

SB18,28 Section 28. 48.981 (2m) (b) (title) of the statutes is created to read:

SB18,15,14 48.981 (2m) (b) (title) Definitions.

SB18,29 Section 29. 48.981 (2m) (c) (title) of the statutes is created to read:

SB18,15,16 48.981 (2m) (c) (title) Reporting not required.

SB18,30 Section 30. 48.981 (2m) (d) (title) of the statutes is created to read:

SB18,15,18 48.981 (2m) (d) (title) Reporting required.

SB18,31 Section 31. 48.981 (2m) (e) (title) of the statutes is created to read:

SB18,15,20 48.981 (2m) (e) (title) Additional reporting requirement.

SB18,32 Section 32. 48.981 (2r) of the statutes is amended to read:

SB18,16,7 48.981 (2r) Exception to reporting requirement; person delegated parental powers. A person delegated care and custody of a child under s. 48.979 is not required to report as provided in sub. (3) any suspected or threatened abuse or neglect of the child as required under sub. (2) (a) (ar), (b), or (bm) or (2m) (d) or (e). Such a person who has reason to suspect that the child has been abused or neglected or who has reason to believe that the child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may report as provided in sub. (3).

SB18,33 Section 33. 48.981 (2s) of the statutes is created to read:

SB18,16,14 48.981 (2s) Training of mandated reporters. The department shall promulgate rules specifying criteria for training courses required to be completed by persons required to report suspected child abuse and neglect under sub. (2) as a condition of licensure, certification, employment, appointment, or assignment. The rules shall specify the required content of an approved training course and the qualifications required for the providers of such training courses.

Note: Directs DCF to promulgate rules specifying criteria for training courses for mandated reporters.

SB18,34 Section 34. 48.981 (3) (title) of the statutes is amended to read:

SB18,16,16 48.981 (3) (title) Reports; investigation referral of report.

SB18,35 Section 35. 48.981 (3) (a) 1. of the statutes is renumbered 48.981 (3) (a) and amended to read:

SB18,17,2 48.981 (3) (a) Referral of report Immediate reporting required. A person required to report under sub. (2) shall immediately inform, by telephone or personally, 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 the agency 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.

SB18,36 Section 36. 48.981 (3) (a) 2. (intro.) of the statutes is renumbered 48.981 (3) (bg) (intro.) and amended to read:

SB18,17,11 48.981 (3) (bg) (intro.) Mandatory referral to agency. The Within 12 hours, exclusive of Saturdays, Sundays, or legal holidays, after receiving a report under par. (a), the sheriff or police department shall within 12 hours, exclusive of Saturdays, Sundays, or legal holidays, refer to 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 agency all of the following types of cases reported to the sheriff or police department:

SB18,37 Section 37. 48.981 (3) (a) 2. a. to d. of the statutes are renumbered 48.981 (3) (bg) 1. to 4.

SB18,38 Section 38. 48.981 (3) (a) 2d. of the statutes is renumbered 48.981 (3) (bp) and amended to read:

SB18,17,21 48.981 (3) (bp) Discretionary referral to agency. The sheriff or police department may refer to 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 agency a case reported to the sheriff or police department in which a person who is not a caregiver is suspected of abuse or of threatened abuse of a child.

SB18,39 Section 39. 48.981 (3) (a) 2g. of the statutes is renumbered 48.981 (3) (br) and amended to read:

SB18,18,3 48.981 (3) (br) Subsequent report in writing. The county department, department, or licensed child welfare agency may require that a subsequent report of a case referred under subd. 2. or 2d. par. (bg) or (bp) be made in writing.

SB18,40 Section 40. 48.981 (3) (a) 3. of the statutes is renumbered 48.981 (3) (cg) and amended to read:

SB18,18,15 48.981 (3) (cg) Referral to law enforcement. Except as provided in sub. (3m), a county department, the department, or a licensed child welfare agency under contract with the department shall within 12 hours, exclusive of Saturdays, Sundays, or legal holidays, after receiving a report under par. (a), the agency shall refer to the sheriff or police department all cases of suspected or threatened abuse, as defined in s. 48.02 (1) (b) to (f), reported to it. For cases of suspected or threatened abuse, as defined in s. 48.02 (1) (a), (am), (g), or (gm), or neglect, each county department, the department, and a licensed child welfare agency under contract with the department agency shall adopt a written policy specifying the kinds of reports it will routinely report to local law enforcement authorities.

SB18,41 Section 41. 48.981 (3) (a) 4. of the statutes is renumbered 48.981 (3) (dg) and amended to read:

SB18,18,22 48.981 (3) (dg) Coordination of investigation. If the report is of suspected or threatened abuse, as defined in s. 48.02 (1) (b) to (f), the sheriff or police department and the county department, department, or licensed child welfare agency under contract with the department agency shall coordinate the planning and execution of the investigation of the report.

SB18,42 Section 42. 48.981 (3) (b) of the statutes is renumbered 48.981 (3d).

SB18,43 Section 43. 48.981 (3) (bm) (intro.) of the statutes is renumbered 48.981 (3f) (bm) and amended to read:

SB18,19,18 48.981 (3f) (bm) Notice of report to Indian to tribal agent. In a county that has wholly or partially within its boundaries a federally recognized Indian reservation or a bureau of Indian affairs service area for the Ho-Chunk tribe, if a county department An agency that receives a report under par. (a) sub. (3) pertaining to a child or an unborn child whom the agency knows or has reason to know that the child is an Indian child who resides in the county or that the unborn child is or an Indian unborn child whose expectant mother resides in the county, the county department shall, if the agency knows or has reason to know with which Indian tribe the Indian child is affiliated or with which Indian tribe the Indian unborn child may, when born, be eligible for affiliation, provide notice, which of the report to the tribal agent of that tribe. Notice shall consist only, at a minimum, of the name and address of the Indian child or expectant mother, the address of the Indian child or expectant mother or another address where the Indian child or expectant mother may be located, and the fact that a report has been received about that Indian child or Indian unborn child, and shall be made within 24 hours to one of the following: after receipt of the report or identification of the Indian child's tribe. Notice may also contain any additional information allowed by law. This paragraph does not constitute notice under s. 48.028 (4) (a) or 25 USC 1912 (a) or any other law.

Note: Applies tribal notification requirement to child protective service agencies in all counties. Eliminates the requirement that an agency provide notice if it does not know with the tribe with which the child is affiliated. Eliminates restrictions on the types of information the notice may include. Specifies that notice to a tribe of a report of suspected child abuse or neglect does not satisfy the notice obligations of any other law, including the Wisconsin Indian Child Welfare Act or the federal Indian Child Welfare Act.

SB18,44 Section 44. 48.981 (3) (bm) 1. to 3. of the statutes are repealed.

SB18,45 Section 45. 48.981 (3) (c) (title) of the statutes is renumbered 48.981 (3g) (title) and amended to read:

SB18,19,22 48.981 (3g) (title) Duties of county departments agencies.