SB18: Bill Text

Note: Repeals a provision that is added to another provision (former s. 48.981 (3) (c) 3., stats.).

SB18,60 Section 60. 48.981 (3) (cm) of the statutes is renumbered 48.981 (3h) and amended to read:

SB18,27,23 48.981 (3h) Contract with licensed child welfare agencies. A county department may contract with a licensed child welfare agency to fulfill the county department's duties specified under par. (c) 1., 2. b., 2m. b., 5., 5r., 6., 6m., and 8. sub. (3g) (a), (b) 2., (bm) 2., (f), (fm), and (h) 1., 2., and 3. The department may contract with a licensed child welfare agency to fulfill any of the department's duties specified under par. (c) 1., 2. a., 2m. b., 3., 4., 5., 5m., 5r., 6., 6m., 7., 8,. and 9. sub. (3g) in a county having a population of 500,000 or more. The confidentiality provisions specified in sub. subs. (7) to (7r) shall apply to any licensed child welfare agency with which a county department or the department contracts.

SB18,61 Section 61. 48.981 (3) (d) of the statutes is renumbered 48.981 (3j), and 48.981 (3j) (a) and (b), as renumbered, are amended to read:

SB18,28,8 48.981 (3j) (a) Definition. In this paragraph subsection, "agent" includes a 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 a child or an expectant mother of an unborn 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. 46.22.

SB18,28,23 (b) Investigation; powers and duties. If an agent or employee of an agency required to investigate under this subsection sub. (3g) is the subject of a report, or if the agency determines that, because of the relationship between the agency and the subject of a report, there is a substantial probability that the agency would not conduct an unbiased investigation, the agency shall, after taking any action necessary to protect the child or unborn 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. 46.22, 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 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 agencies under par. (c) sub. (3g).

SB18,62 Section 62. 48.981 (3d) (a) (title) of the statutes is created to read:

SB18,28,25 48.981 (3d) (a) (title) Immediate investigation on request.

SB18,63 Section 63. 48.981 (3d) (b) (title) of the statutes is created to read:

SB18,29,2 48.981 (3d) (b) (title) Taking child into custody.

SB18,64 Section 64. 48.981 (3d) (bm) (title) of the statutes is created to read:

SB18,29,4 48.981 (3d) (bm) (title) Taking expectant mother into custody.

SB18,65 Section 65. 48.981 (3d) (c) (title) of the statutes is created to read:

SB18,29,6 48.981 (3d) (c) (title) Referral for criminal prosecution.

SB18,66 Section 66. 48.981 (3f) (title) and (a) (intro.) of the statutes are created to read:

SB18,29,9 48.981 (3f) (title) Notice of report to tribal agent. (a) Definitions. (intro.) In this subsection:

SB18,67 Section 67. 48.981 (3g) (a) (title) of the statutes is created to read:

SB18,29,11 48.981 (3g) (a) (title) Evaluation and investigation of report.

SB18,68 Section 68. 48.981 (3g) (b) (title) of the statutes is created to read:

SB18,29,13 48.981 (3g) (b) (title) Taking child into custody.

SB18,69 Section 69. 48.981 (3g) (bm) (title) of the statutes is created to read:

SB18,29,15 48.981 (3g) (bm) (title) Taking expectant mother into custody.

SB18,70 Section 70. 48.981 (3g) (h) (title) of the statutes is created to read:

SB18,29,17 48.981 (3g) (h) (title) Records; information to department.

SB18,71 Section 71. 48.981 (3m) (a) (title) of the statutes is created to read:

SB18,29,19 48.981 (3m) (a) (title) Definition.

SB18,72 Section 72. 48.981 (3m) (b) (title) of the statutes is created to read:

SB18,29,21 48.981 (3m) (b) (title) Establishment of program.

SB18,73 Section 73. 48.981 (3m) (b) 1. of the statutes is amended to read:

SB18,30,2 48.981 (3m) (b) 1. Guidelines for determining the appropriate alternative response to a report of abuse or neglect or of threatened abuse or neglect, including guidelines for determining what types of abuse or neglect or threatened abuse or neglect constitute substantial abuse or neglect. The Notwithstanding s. 227.10 (1), the department need not promulgate those guidelines as rules under ch. 227.

Note: Clarifies that guidelines for alternative responses need not be promulgated as rules, notwithstanding the specific requirement in ch. 227, stats., that all statements of general policy be promulgated as rules.

SB18,74 Section 74. 48.981 (3m) (c) (intro.) of the statutes is amended to read:

SB18,30,8 48.981 (3m) (c) Alternative responses. (intro.) Immediately after receiving a report under sub. (3) (a), an agency or county department that is participating in the pilot program shall evaluate the report to determine the most appropriate alternative response under subds. 1. to 3. to the report. Based on that evaluation, the agency or county department shall respond to the report as follows:

SB18,75 Section 75. 48.981 (3m) (c) 1. of the statutes is amended to read:

SB18,30,20 48.981 (3m) (c) 1. If the agency or county department determines that there is reason to suspect that substantial abuse or neglect has occurred or is likely to occur or that an investigation under sub. (3) (3g) is otherwise necessary to ensure the safety of the child and his or her family, the agency or county department shall investigate the report as provided in sub. (3) (3g). If in conducting that investigation the agency or county department determines that it is not necessary for the safety of the child and his or her family to complete the investigation, the agency or county department may terminate the investigation and conduct an assessment under subd. 2. If the agency or county department terminates an investigation, the agency or county department shall document the reasons for terminating the investigation and notify any law enforcement agency that is cooperating in the investigation.

SB18,76 Section 76. 48.981 (3m) (c) 2. b. of the statutes is amended to read:

SB18,31,9 48.981 (3m) (c) 2. b. If the agency or county department employs the assessment response under subd. 2. a., the agency or county department is not required to refer the report to the sheriff or police department under sub. (3) (a) 3. (cg) or determine by a preponderance of the evidence under sub. (3) (c) 4. (3g) (d) that abuse or neglect has occurred or is likely to occur or that a specific person has abused or neglected the child. If in conducting the assessment the agency or county department determines that there is reason to suspect that substantial abuse or neglect has occurred or is likely to occur or that an investigation under sub. (3) (3g) is otherwise necessary to ensure the safety of the child and his or her family, the agency or county department shall immediately commence an investigation under sub. (3) (3g).

SB18,77 Section 77. 48.981 (3m) (c) 3. of the statutes is amended to read:

SB18,31,20 48.981 (3m) (c) 3. If the agency or county department determines that there is no reason to suspect that abuse or neglect has occurred or is likely to occur, the agency or county department shall refer the child's family to a service provider in the community for the provision of appropriate services on a voluntary basis. If the agency or county department employs the community services response under this subdivision, the agency or county department is not required to conduct an assessment under subd. 2., refer the report to the sheriff or police department under sub. (3) (a) 3. (cg), or determine by a preponderance of the evidence under sub. (3) (c) 4. (3g) (d) that abuse or neglect has occurred or is likely to occur or that a specific person has abused or neglected the child.

SB18,78 Section 78. 48.981 (3m) (d) of the statutes is repealed.

Note: Repeals a reporting requirement that was required to be fulfilled by July 1, 2012.

SB18,79 Section 79. 48.981 (5) of the statutes is amended to read:

SB18,32,9 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 in a county having a population of 500,000 or more; to the county department ; to the department; and, if the institution making the report initially is a hospital, to the hospital.

Note: In cases resulting in death, clarifies that, in Milwaukee County, a medical examiner or coroner must report findings to both DCF and the Milwaukee County contracting agencies.

SB18,80 Section 80. 48.981 (7) (a) (intro.) of the statutes is renumbered 48.981 (7) and amended to read:

SB18,32,16 48.981 (7) Confidentiality. All reports made under this section, notices provided under sub. (3) (3f) (bm) , and records maintained by an agency and other persons, officials, and institutions shall be confidential. Reports and records may be disclosed only to the following persons: No report may be disclosed, except as provided in subs. (3f) (c), (7d), (7g), and (7m).

SB18,81 Section 81. 48.981 (7) (a) 1. of the statutes is renumbered 48.981 (7d) (a).

SB18,82 Section 82. 48.981 (7) (a) 1m. of the statutes is renumbered 48.981 (7g) (am) and amended to read:

SB18,33,4 48.981 (7g) (am) Request of reporter. A reporter described in sub. (3) (c) 6m. (3g) (fm) who makes a written request to an agency 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. (3g) (fm) 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.

SB18,83 Section 83. 48.981 (7) (a) 2. of the statutes is renumbered 48.981 (7d) (b).

SB18,84 Section 84. 48.981 (7) (a) 2m. of the statutes is renumbered 48.981 (7g) (bm) and amended to read:

SB18,33,10 48.981 (7g) (bm) Intake or dispositional staff. A person authorized to provide or providing intake or dispositional services for the court under s. 48.067, 48.069 or, 48.10, 938.067, 938.069, or 938.10.

Note: Consolidates 2 provisions relating to intake and dispositional staff.

SB18,85 Section 85. 48.981 (7) (a) 2r. of the statutes is repealed.

Note: Repeals a provision that is consolidated in another provision (former s. 48.981 (7) (a) 2m., stats.).

SB18,86 Section 86. 48.981 (7) (a) 3. of the statutes is renumbered 48.981 (7d) (c).

SB18,87 Section 87. 48.981 (7) (a) 3m. of the statutes is renumbered 48.981 (7d) (cm).

SB18,88 Section 88. 48.981 (7) (a) 4. of the statutes is renumbered 48.981 (7d) (d) and amended to read:

SB18,33,20 48.981 (7d) (d) Foster parent or other physical custodian. A child's 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.

Note: Removes the word "child's" from the phrase "child's foster parent".

SB18,89 Section 89. 48.981 (7) (a) 4m. of the statutes is renumbered 48.981 (7d) (dm) and amended to read:

SB18,34,6 48.981 (7d) (dm) Relative. A relative of a child placed outside of his or her home only to the extent necessary to facilitate the establishment of a relationship between the child and the relative or a placement of the child with the relative or to a person provided with the notice under s. 48.21 (5) (e), 48.355 (2) (cm), or 48.357 (2v) (d). In this subdivision paragraph, "relative" includes a relative whose relationship is derived through a parent of the child whose parental rights are terminated.

SB18,90 Section 90. 48.981 (7) (a) 4p. of the statutes is renumbered 48.981 (7d) (dp).

SB18,91 Section 91. 48.981 (7) (a) 5. of the statutes is renumbered 48.981 (7d) (e) and amended to read:

SB18,34,15 48.981 (7d) (e) Community programs and developmental disability services professionals. A professional employee 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 a contract with or under the supervision of the county department under s. 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 an agency.

SB18,92 Section 92. 48.981 (7) (a) 6. of the statutes is renumbered 48.981 (7d) (f) and amended to read:

SB18,34,21 48.981 (7d) (f) Multidisciplinary team. A multidisciplinary child abuse and neglect or unborn child abuse 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 agency.

SB18,93 Section 93. 48.981 (7) (a) 6m. of the statutes is renumbered 48.981 (7d) (fm) and amended to read:

SB18,35,4 48.981 (7d) (fm) Child advocacy center. A person employed by a child advocacy center recognized by the county board, 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 or the agency, to the extent necessary to perform the services for which the center is recognized by the county board, the county department, the department or the licensed child welfare agency.

SB18,94 Section 94. 48.981 (7) (a) 8. of the statutes is renumbered 48.981 (7d) (h) and amended to read:

SB18,35,9 48.981 (7d) (h) Law enforcement authorities. A law enforcement officer or, law enforcement agency, or a district attorney for purposes of investigation or prosecution.

SB18,95 Section 95. 48.981 (7) (a) 8m. of the statutes is renumbered 48.981 (7d) (hm) 2. and amended to read:

SB18,35,21 48.981 (7d) (hm) 2. 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 a person who is subject to community placement for purposes of investigating or providing services to a person who is subject to community placement and who is the subject of a report. In making its investigation, the department of corrections, department of health services, county department, or other person shall cooperate with the agency making the investigation under sub. (3) (c) or (d) (3g) to (3m).

SB18,96 Section 96. 48.981 (7) (a) 8s. of the statutes is renumbered 48.981 (7d) (hs) and amended to read:

SB18,36,9 48.981 (7d) (hs) Sexually violent person commitments. Authorized representatives of the department of corrections, the department of health services, the department of justice, or a district attorney for use in the prosecution of any proceeding or any evaluation conducted under ch. 980, if the reports or records involve or relate to an individual who is the subject of the proceeding or evaluation. The court in which the proceeding under ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information made available or disclosed under this subdivision paragraph. Any representative of the department of corrections, the department of health services, the department of justice, or a district attorney may disclose information obtained under this subdivision paragraph for any purpose consistent with any proceeding under ch. 980.

SB18,97 Section 97. 48.981 (7) (a) 9. of the statutes is renumbered 48.981 (7d) (i).

SB18,98 Section 98. 48.981 (7) (a) 10. of the statutes is renumbered 48.981 (7d) (j) and amended to read:

SB18,36,21 48.981 (7d) (j) Juvenile court proceedings. A court conducting proceedings under s. 48.21 or, 48.213, a court conducting or 938.21, proceedings related to a petition under s. 48.13, 48.133, or 48.42 or a court conducting under ch. 938, or dispositional proceedings under subch. VI or VIII or under subch. VI of ch. 938 in which an issue is the abuse or neglect of the child or the abuse of the unborn child who is the subject of the report or record or abuse of the unborn child who is the subject of the report or record is an issue or the substantial risk of abuse or neglect of a child who, during the period covered by the report or record, was in the home of the child who is the subject of the report or record.

Note: Consolidates 3 provisions relating to the disclosure of records for certain juvenile court proceedings.

SB18,99 Section 99. 48.981 (7) (a) 10g. of the statutes is repealed.

Note: Repeals a provision that is consolidated in another provision (former s. 48.981 (7) (a) 10., stats.).

SB18,100 Section 100. 48.981 (7) (a) 10j. of the statutes is repealed.

Note: Repeals a provision that is consolidated in another provision (former s. 48.981 (7) (a) 10., stats.).

SB18,101 Section 101. 48.981 (7) (a) 10m. of the statutes is renumbered 48.981 (7d) (k) and amended to read:

SB18,37,11 48.981 (7d) (k) Tribal court proceedings. A tribal court, or other adjudicative body authorized by an Indian tribe to perform child welfare functions , that exercises jurisdiction over children and unborn children alleged to be in need of protection or services for use in proceedings in which an issue is abuse or neglect of the child or abuse of the unborn child who is the subject of the report or record or abuse of the unborn child who is the subject of the report or record is an issue or the substantial risk of abuse or neglect of a child who, during the period covered by the report or record, was in the home of the child who is the subject of the report or record.

Note: Consolidates 2 provisions relating to the disclosure of records for certain tribal court proceedings.

SB18,102 Section 102. 48.981 (7) (a) 10r. of the statutes is repealed.

Note: Repeals a provision that is consolidated in another provision (former s. 48.981 (7) (a) 10m., stats.).

SB18,103 Section 103. 48.981 (7) (a) 11. of the statutes is renumbered 48.981 (7d) (L) and amended to read: