SB18,16,149 48.981 (2s) Training of mandated reporters. The department shall
10promulgate rules specifying criteria for training courses required to be completed by
11persons required to report suspected child abuse and neglect under sub. (2) as a
12condition of licensure, certification, employment, appointment, or assignment. The
13rules shall specify the required content of an approved training course and the
14qualifications required for the providers of such training courses.
Note: Directs DCF to promulgate rules specifying criteria for training courses for
mandated reporters.
SB18,34 15Section 34. 48.981 (3) (title) of the statutes is amended to read:
SB18,16,1616 48.981 (3) (title) Reports; investigation referral of report.
SB18,35 17Section 35. 48.981 (3) (a) 1. of the statutes is renumbered 48.981 (3) (a) and
18amended to read:
SB18,17,219 48.981 (3) (a) Referral of report Immediate reporting required. A person
20required to report under sub. (2) shall immediately inform, by telephone or
21personally, the county department or, in a county having a population of 500,000 or
22more, the department or a licensed child welfare agency under contract with the
23department
the agency or the sheriff or city, village, or town police department of the

1facts and circumstances contributing to a suspicion of child abuse or neglect or of
2unborn child abuse or to a belief that abuse or neglect will occur.
SB18,36 3Section 36. 48.981 (3) (a) 2. (intro.) of the statutes is renumbered 48.981 (3)
4(bg) (intro.) and amended to read:
SB18,17,115 48.981 (3) (bg) (intro.) Mandatory referral to agency. The Within 12 hours,
6exclusive of Saturdays, Sundays, or legal holidays, after receiving a report under par.
7(a), the
sheriff or police department shall within 12 hours, exclusive of Saturdays,
8Sundays, or legal holidays,
refer to the county department or, in a county having a
9population of 500,000 or more, the department or a licensed child welfare agency
10under contract with the department
agency all of the following types of cases
11reported to the sheriff or police department:
SB18,37 12Section 37. 48.981 (3) (a) 2. a. to d. of the statutes are renumbered 48.981 (3)
13(bg) 1. to 4.
SB18,38 14Section 38. 48.981 (3) (a) 2d. of the statutes is renumbered 48.981 (3) (bp) and
15amended to read:
SB18,17,2116 48.981 (3) (bp) Discretionary referral to agency. The sheriff or police
17department may refer to the county department or, in a county having a population
18of 500,000 or more, the department or a licensed child welfare agency under contract
19with the department
agency a case reported to the sheriff or police department in
20which a person who is not a caregiver is suspected of abuse or of threatened abuse
21of a child.
SB18,39 22Section 39. 48.981 (3) (a) 2g. of the statutes is renumbered 48.981 (3) (br) and
23amended to read:
SB18,18,3
148.981 (3) (br) Subsequent report in writing. The county department,
2department, or licensed child welfare
agency may require that a subsequent report
3of a case referred under subd. 2. or 2d. par. (bg) or (bp) be made in writing.
SB18,40 4Section 40. 48.981 (3) (a) 3. of the statutes is renumbered 48.981 (3) (cg) and
5amended to read:
SB18,18,156 48.981 (3) (cg) Referral to law enforcement. Except as provided in sub. (3m),
7 a county department, the department, or a licensed child welfare agency under
8contract with the department shall
within 12 hours, exclusive of Saturdays,
9Sundays, or legal holidays, after receiving a report under par. (a), the agency shall
10refer to the sheriff or police department all cases of suspected or threatened abuse,
11as defined in s. 48.02 (1) (b) to (f), reported to it. For cases of suspected or threatened
12abuse, as defined in s. 48.02 (1) (a), (am), (g), or (gm), or neglect, each county
13department, the department, and a licensed child welfare agency under contract
14with the department
agency shall adopt a written policy specifying the kinds of
15reports it will routinely report to local law enforcement authorities.
SB18,41 16Section 41. 48.981 (3) (a) 4. of the statutes is renumbered 48.981 (3) (dg) and
17amended to read:
SB18,18,2218 48.981 (3) (dg) Coordination of investigation. If the report is of suspected or
19threatened abuse, as defined in s. 48.02 (1) (b) to (f), the sheriff or police department
20and the county department, department, or licensed child welfare agency under
21contract with the department
agency shall coordinate the planning and execution of
22the investigation of the report.
SB18,42 23Section 42. 48.981 (3) (b) of the statutes is renumbered 48.981 (3d).
SB18,43 24Section 43. 48.981 (3) (bm) (intro.) of the statutes is renumbered 48.981 (3f)
25(bm) and amended to read:
SB18,19,18
148.981 (3f) (bm) Notice of report to Indian to tribal agent. In a county that has
2wholly or partially within its boundaries a federally recognized Indian reservation
3or a bureau of Indian affairs service area for the Ho-Chunk tribe, if a county
4department
An agency that receives a report under par. (a) sub. (3) pertaining to a
5child or an unborn child whom the agency knows or has reason to know that the child
6is an Indian child who resides in the county or that the unborn child is or an Indian
7unborn child whose expectant mother resides in the county, the county department
8shall, if the agency knows or has reason to know with which Indian tribe the Indian
9child is affiliated or with which Indian tribe the Indian unborn child may, when born,
10be eligible for affiliation,
provide notice, which of the report to the tribal agent of that
11tribe. Notice
shall consist only, at a minimum, of the name and address of the Indian
12child or expectant mother, the address of the Indian child or expectant mother or
13another address where the Indian child or expectant mother may be located,
and the
14fact that a report has been received about that Indian child or Indian unborn child,
15and shall be made within 24 hours to one of the following: after receipt of the report
16or identification of the Indian child's tribe. Notice may also contain any additional
17information allowed by law. This paragraph does not constitute notice under s.
1848.028 (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 19Section 44. 48.981 (3) (bm) 1. to 3. of the statutes are repealed.
SB18,45 20Section 45. 48.981 (3) (c) (title) of the statutes is renumbered 48.981 (3g) (title)
21and amended to read:
SB18,19,2222 48.981 (3g) (title) Duties of county departments agencies.
SB18,46
1Section 46. 48.981 (3) (c) 1. a. of the statutes is renumbered 48.981 (3g) (a) 1.
2a. and amended to read:
SB18,20,183 48.981 (3g) (a) 1. a. Immediately after receiving a report under par. (a) sub. (3),
4the agency shall evaluate the report to determine whether there is reason to suspect
5that a caregiver has abused or neglected the child, has threatened the child with
6abuse or neglect, or has facilitated or failed to take action to prevent the suspected
7or threatened abuse or neglect of the child. Except as provided in sub. (3m), if the
8agency determines that a caregiver is suspected of abuse or neglect or, of threatened
9abuse or neglect of the child, determines that a caregiver is suspected, or of
10facilitating or failing to take action to prevent the suspected or threatened abuse or
11neglect of the child, or if the agency cannot determine who abused or neglected the
12child, within 24 hours after receiving the report the agency shall , in accordance with
13the authority granted to the department under s. 48.48 (17) (a) 1. or the county
14department under s. 48.57 (1) (a),
initiate a diligent investigation to determine if the
15child is in need of protection or services. If the agency determines that a person who
16is not a caregiver is suspected of abuse or of threatened abuse, the agency may, in
17accordance with that authority,
initiate a diligent investigation to determine if the
18child is in need or of protection or services.
SB18,20,22 19b. Within 24 hours after receiving a report under par. (a) sub. (3) of suspected
20unborn child abuse, the agency, in accordance with that authority, shall initiate a
21diligent investigation to determine if the unborn child is in need of protection or
22services.
SB18,21,3 23c. An investigation under this subd. 1. a. or b. shall be conducted in accordance
24with the authority granted to the department under s. 48.48 (17) (a) 1. or the county
25department under s. 48.57 (1) (a) and
in accordance with standards established by

1the department for conducting child abuse and neglect investigations or unborn child
2abuse investigations. Notwithstanding s. 227.10 (1), the department need not
3promulgate those standards as rules under ch. 227.
Note: Reorganizes language to make the subdivision easier to read.
SB18,47 4Section 47. 48.981 (3) (c) 1. b. of the statutes is renumbered 48.981 (3g) (a) 2.
5and amended to read:
SB18,21,246 48.981 (3g) (a) 2. If the investigation is of a report of child abuse or neglect or
7of threatened child abuse or neglect by a caregiver specified in sub. (1) (am) 5. to 8.
8who continues to have access to the child or a caregiver specified in sub. (1) (am) 1.
9to 4., or of a report that does not disclose who is suspected of the child abuse or neglect
10and in which the investigation does not disclose who abused or neglected the child,
11the investigation shall also include observation of or an interview with the child, or
12both, and, if possible, an interview with the child's parents, guardian, or legal
13custodian. If the investigation is of a report of child abuse or neglect or threatened
14child abuse or neglect by a caregiver who continues to reside in the same dwelling
15as the child, the investigation shall also include, if possible, a visit to that dwelling.
16At the initial visit to the child's dwelling, the person making the investigation shall
17identify himself or herself and the agency involved to the child's parents, guardian,
18or legal custodian. The agency may contact, observe, or interview the child at any
19location without permission from the child's parent, guardian, or legal custodian if
20necessary to determine if the child is in need of protection or services , except that the
21person making the investigation may enter a child's dwelling only with permission
22from the child's parent, guardian, or legal custodian or after obtaining a court order
23permitting the person to do so
to the extent permitted under the U.S. Constitution
24and the Wisconsin Constitution
.

Note: Amends the authority for interviewing children absent consent by limiting
such authority to that permitted under the U.S. and Wisconsin constitutions. This
change responds to federal case law, such as the holding by the U.S. Court of Appeals for
the Seventh Circuit in Doe v. Heck, 327 F.3d 492 (2003), that raises constitutional
concerns regarding interviews conducted absent consent.
SB18,48 1Section 48. 48.981 (3) (c) 2. of the statutes is renumbered 48.981 (3g) (b).
SB18,49 2Section 49. 48.981 (3) (c) 2m. of the statutes is renumbered 48.981 (3g) (bm).
SB18,50 3Section 50. 48.981 (3) (c) 3. of the statutes is renumbered 48.981 (3g) (c) and
4amended to read:
SB18,22,185 48.981 (3g) (c) Offer of services; filing of petitions. If the county department or,
6in a county having a population of 500,000 or more, the department or a licensed child
7welfare agency under contract with the department
agency determines that a child,
8any member of the child's family, or the child's guardian or legal custodian is in need
9of services or that the expectant mother of an unborn child is in need of services, the
10county department, department or licensed child welfare agency shall offer to
11provide appropriate services or to make arrangements for the provision of services.
12If the child's parent, guardian, or legal custodian or the expectant mother refuses to
13accept the services, the county department, department or licensed child welfare
14agency may request that a petition be filed under s. 48.13 alleging that the child who
15is the subject of the report or any other child in the home is in need of protection or
16services or that a petition be filed under s. 48.133 alleging that the unborn child who
17is the subject of the report is in need of protection or services. The agency may also
18petition for child abuse restraining orders and injunctions under s. 48.25 (6).
Note: Consolidates 2 provisions by adding the authority to file petitions for
restraining orders and injunctions with the authority to file petitions alleging that a child
is in need of protective services.
SB18,51 19Section 51. 48.981 (3) (c) 4. of the statutes is renumbered 48.981 (3g) (d) and
20amended to read:
SB18,23,16
148.981 (3g) (d) Abuse or neglect determination. The county department or, in
2a county having a population of 500,000 or more, the department or a licensed child
3welfare agency under contract with the department shall determine,
If a report is
4investigated under par. (a),
within 60 days after receipt of a report that the county
5department, department, or licensed child welfare agency investigates under subd.
61.,
the report the agency shall determine whether abuse or neglect has occurred or
7is likely to occur. The determination shall be based on a preponderance of the
8evidence produced by the investigation. A determination that abuse or neglect has
9occurred may not be based solely on the fact that the child's parent, guardian, or legal
10custodian in good faith selects and relies on prayer or other religious means for
11treatment of disease or for remedial care of the child. In making a determination that
12emotional damage has occurred, the county department or, in a county having a
13population of 500,000 or more, the department or a licensed child welfare agency
14under contract with the department
agency shall give due regard to the culture of
15the subjects. This subdivision paragraph does not prohibit a court from ordering
16medical services for the child if the child's health requires it those services.
SB18,52 17Section 52. 48.981 (3) (c) 5. of the statutes is renumbered 48.981 (3g) (h) 1.
Note: Renumbers a provision regarding agency recordkeeping requirements to
place it near other recordkeeping requirements.
SB18,53 18Section 53. 48.981 (3) (c) 5m. of the statutes is renumbered 48.981 (3g) (e) and
19amended to read:
SB18,24,1320 48.981 (3g) (e) Right to appeal determination. If the county department or, in
21a county having a population of 500,000 or more, the department or a licensed child
22welfare agency under contract with the department determines
Within 15 days after
23a determination is made
under subd. 4. par. (d) that a specific person has abused or

1neglected a child, the county department, department or licensed child welfare
2agency, within 15 days after the date of the determination, agency shall notify the
3person in writing of the determination, the person's right to appeal the
4determination, and the procedure by which the person may appeal the
5determination, and the person may appeal the determination in accordance with the
6procedures established by the department under this subdivision paragraph. The
7department shall promulgate rules establishing procedures for conducting an appeal
8under this subdivision paragraph. Those procedures shall include a procedure
9permitting such an appeal under this subdivision to be held in abeyance pending the
10outcome of any criminal investigation or proceedings or any investigation or
11proceedings under s. 48.13 based on the alleged abuse or neglect or the outcome of
12any investigation that may lead to the filing of a criminal complaint or a petition
13under s. 48.13 based on the alleged abuse or neglect
.
SB18,54 14Section 54. 48.981 (3) (c) 5r. of the statutes is renumbered 48.981 (3g) (h) 2.
15and amended to read:
SB18,24,2316 48.981 (3g) (h) 2. If the county department or, in a county having a population
17of 500,000 or more, the department or a licensed child welfare agency under contract
18with the department determines under subd. 4.
Within 15 days after a
19determination is made under par. (d)
that a specific person has abused or neglected
20a child, the county department, department, or licensed child welfare agency, within
2115 days after the date of the determination,
agency shall provide the subunit of the
22department that administers s. 48.685 with information about the person who has
23been determined to have abused or neglected the child.
SB18,55 24Section 55. 48.981 (3) (c) 6. of the statutes is renumbered 48.981 (3g) (f) and
25amended to read:
SB18,25,5
148.981 (3g) (f) Action taken; information to mandatory reporter. The agency
2shall, within
Within 60 days after it receives receiving a report from a person
3required under sub. (2) to report, the agency shall inform the reporter what action,
4if any, was taken to protect the health and welfare of the child or unborn child who
5is the subject of the report.
SB18,56 6Section 56. 48.981 (3) (c) 6m. of the statutes is renumbered 48.981 (3g) (fm)
7and amended to read:
SB18,26,28 48.981 (3g) (fm) Action taken; information to relative. If a person who is not
9required under sub. (2) to report makes a report and is
a relative of the child, other
10than the child's parent, or is a relative of the expectant mother of the unborn child
11makes a report under sub. (2) (c) or (d), that person may make a written request to
12the agency for information regarding what action, if any, was taken to protect the
13health and welfare of the child or unborn child who is the subject of the report. An
14agency that receives a written request under this subdivision shall, within
Within
1560 days after it receives receiving the report or 20 days after it receives receiving the
16written request, whichever is later, inform the reporter in writing of what action, if
17any, was taken to protect the health and welfare of the child or unborn child
the
18agency shall disclose that information to the re   quester
, unless a court order
19prohibits that disclosure, and shall inform the requester of the duty to keep the
20information confidential under sub. (7) (e) (7r) (a) and of the penalties for failing to
21do so under sub. (7) (f) (7r) (b). The agency may petition the court ex parte for an order
22prohibiting that disclosure and, if the agency does so, the time period within which
23the information must be disclosed is tolled on from the date the petition is filed and
24remains tolled
until the court issues a decision. The court may hold an ex parte
25hearing in camera and shall issue an order granting the petition if the court

1determines that disclosure of the information would not be in the best interests of the
2child or unborn child.
SB18,57 3Section 57. 48.981 (3) (c) 7. of the statutes is renumbered 48.981 (3g) (g)
4(intro.) and amended to read:
SB18,26,85 48.981 (3g) (g) Cooperation and coordination. (intro.) The county department
6or, in a county having a population of 500,000 or more, the department or a licensed
7child welfare agency under contract with the department
Each agency shall
8cooperate do all of the following:
SB18,26,13 91. Cooperate with law enforcement officials, courts of competent jurisdiction,
10tribal governments, and other human services agencies to prevent, identify, and
11treat child abuse and neglect and unborn child abuse. The county department or, in
12a county having a population of 500,000 or more, the department or a licensed child
13welfare agency under contract with the department shall coordinate
SB18,26,20 142. Coordinate the development and provision of services to abused and
15neglected children and their families, to abused unborn children to families in which
16child abuse or neglect has occurred, to
and their expectant mothers who have abused
17their unborn children,
, and to children and families or expectant mothers when
18circumstances justify a belief that abuse or neglect or unborn child abuse will occur
19and to the expectant mothers of unborn children when circumstances justify a belief
20that unborn child abuse will occur
.
SB18,58 21Section 58. 48.981 (3) (c) 8. of the statutes is renumbered 48.981 (3g) (h) 3. and
22amended to read:
SB18,27,1123 48.981 (3g) (h) 3. Using the format prescribed by the department, each county
24department shall provide the department with information about each report that
25the county department receives or that is received by or a licensed child welfare

1agency that is under contract with the county department receives and about each
2investigation that the county department or a licensed child welfare agency under
3contract with the county department
conducts. Using the format prescribed by the
4department, a licensed child welfare agency under contract with the department
5shall provide the department with information about each report that the child
6welfare agency receives and about each investigation that the child welfare agency
7conducts. The department shall use the information to monitor services provided by
8those county departments or licensed child welfare agencies under contract with
9county departments or the department
. The department shall use nonidentifying
10information to maintain statewide statistics on child abuse and neglect and on
11unborn child abuse, and for planning and policy development purposes.
SB18,59 12Section 59. 48.981 (3) (c) 9. of the statutes is repealed.
Note: Repeals a provision that is added to another provision (former s. 48.981 (3)
(c) 3., stats.).
SB18,60 13Section 60. 48.981 (3) (cm) of the statutes is renumbered 48.981 (3h) and
14amended to read:
SB18,27,2315 48.981 (3h) Contract with licensed child welfare agencies. A county
16department may contract with a licensed child welfare agency to fulfill the county
17department's duties specified under par. (c) 1., 2. b., 2m. b., 5., 5r., 6., 6m., and 8. sub.
18(3g) (a), (b) 2., (bm) 2., (f), (fm), and (h) 1., 2., and 3.
The department may contract
19with a licensed child welfare agency to fulfill any of the department's duties specified
20under par. (c) 1., 2. a., 2m. b., 3., 4., 5., 5m., 5r., 6., 6m., 7., 8,. and 9. sub. (3g) in a
21county having a population of 500,000 or more. The confidentiality provisions
22specified in sub. subs. (7) to (7r) shall apply to any licensed child welfare agency with
23which a county department or the department contracts.
SB18,61
1Section 61. 48.981 (3) (d) of the statutes is renumbered 48.981 (3j), and 48.981
2(3j) (a) and (b), as renumbered, are amended to read:
SB18,28,83 48.981 (3j) (a) Definition. In this paragraph subsection, "agent" includes a
4foster parent or other person given custody of a child or a human services
5professional employed by a county department under s. 51.42 or 51.437 or by a child
6welfare agency who is working with a child or an expectant mother of an unborn child
7under contract with or under the supervision of the department in a county having
8a population of 500,000 or more or a county department under s. 46.22.
SB18,28,239 (b) Investigation; powers and duties. If an agent or employee of an agency
10required to investigate under this subsection sub. (3g) is the subject of a report, or
11if the agency determines that, because of the relationship between the agency and
12the subject of a report, there is a substantial probability that the agency would not
13conduct an unbiased investigation, the agency shall, after taking any action
14necessary to protect the child or unborn child, notify the department. Upon receipt
15of the notice, the department, in a county having a population of less than 500,000,
16or a county department or child welfare agency designated by the department in any
17county shall conduct an independent investigation. If the department designates a
18county department under s. 46.22, 46.23, 51.42, or 51.437, that county department
19shall conduct the independent investigation. If a licensed child welfare agency
20agrees to conduct the independent investigation, the department may designate the
21child welfare agency to do so. The powers and duties of the department or designated
22county department or child welfare agency making an independent investigation are
23those given to county departments agencies under par. (c) sub. (3g).
SB18,62 24Section 62. 48.981 (3d) (a) (title) of the statutes is created to read:
SB18,28,2525 48.981 (3d) (a) (title) Immediate investigation on request.
SB18,63
1Section 63. 48.981 (3d) (b) (title) of the statutes is created to read:
SB18,29,22 48.981 (3d) (b) (title) Taking child into custody.
SB18,64 3Section 64. 48.981 (3d) (bm) (title) of the statutes is created to read:
SB18,29,44 48.981 (3d) (bm) (title) Taking expectant mother into custody.
SB18,65 5Section 65. 48.981 (3d) (c) (title) of the statutes is created to read:
SB18,29,66 48.981 (3d) (c) (title) Referral for criminal prosecution.
SB18,66 7Section 66. 48.981 (3f) (title) and (a) (intro.) of the statutes are created to read:
SB18,29,98 48.981 (3f) (title) Notice of report to tribal agent. (a) Definitions. (intro.)
9In this subsection:
SB18,67 10Section 67. 48.981 (3g) (a) (title) of the statutes is created to read:
SB18,29,1111 48.981 (3g) (a) (title) Evaluation and investigation of report.
SB18,68 12Section 68. 48.981 (3g) (b) (title) of the statutes is created to read:
SB18,29,1313 48.981 (3g) (b) (title) Taking child into custody.
SB18,69 14Section 69. 48.981 (3g) (bm) (title) of the statutes is created to read:
SB18,29,1515 48.981 (3g) (bm) (title) Taking expectant mother into custody.
SB18,70 16Section 70. 48.981 (3g) (h) (title) of the statutes is created to read:
SB18,29,1717 48.981 (3g) (h) (title) Records; information to department.
SB18,71 18Section 71. 48.981 (3m) (a) (title) of the statutes is created to read:
SB18,29,1919 48.981 (3m) (a) (title) Definition.
SB18,72 20Section 72. 48.981 (3m) (b) (title) of the statutes is created to read:
SB18,29,2121 48.981 (3m) (b) (title) Establishment of program.
SB18,73 22Section 73. 48.981 (3m) (b) 1. of the statutes is amended to read:
SB18,30,223 48.981 (3m) (b) 1. Guidelines for determining the appropriate alternative
24response to a report of abuse or neglect or of threatened abuse or neglect, including
25guidelines for determining what types of abuse or neglect or threatened abuse or

1neglect constitute substantial abuse or neglect. The Notwithstanding s. 227.10 (1),
2the
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 3Section 74. 48.981 (3m) (c) (intro.) of the statutes is amended to read:
SB18,30,84 48.981 (3m) (c) Alternative responses. (intro.) Immediately after receiving a
5report under sub. (3) (a), an agency or county department that is participating in the
6pilot program shall evaluate the report to determine the most appropriate
7alternative response under subds. 1. to 3. to the report. Based on that evaluation,
8the agency or county department shall respond to the report as follows:
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