LRB-2455/1
GMM:eev:ph
2013 - 2014 LEGISLATURE
June 5, 2013 - Introduced by Senators Harris,
Darling, Hansen, Carpenter, L.
Taylor, Lehman and Lassa, cosponsored by Representatives Johnson,
Kleefisch, Goyke, Kessler, Wright, Jacque, Ballweg, A. Ott, Sargent, C.
Taylor, Kaufert, Schraa, Bies, Ringhand, Genrich, Richards, Thiesfeldt,
Mason, Kolste, LeMahieu, Petryk, Hebl, Tranel, Pope and Pasch. Referred
to Committee on Health and Human Services.
SB209,1,4
1An Act to amend 48.981 (3) (a) 2d. and 48.981 (3) (c) 1. a.; and
to create 48.981
2(3) (a) 2. bm. of the statutes;
relating to: the investigation of a child abuse
3report in which a person who is not a caregiver of the child is suspected of
4permitting, allowing, or encouraging the child to engage in prostitution.
Analysis by the Legislative Reference Bureau
Under current law, certain persons having reasonable cause to suspect that a
child seen in the course of professional duties has been abused must report that
suspected abuse to the sheriff or police department or to the county department of
human services or social services or, in Milwaukee County, the Department of
Children and Families (DCF) or a child welfare agency under contract with DCF
(collectively "agency"). Current law also permits any other person having reason to
suspect that a child has been abused to make such a report.
Current law requires the sheriff or police department to refer to an agency all
cases of child abuse reported to it in which a caregiver is suspected of the abuse or
of facilitating or failing to take action to prevent the suspected abuse and all cases
in which it cannot be determined who abused the child. Then, within 24 hours after
receiving the referral, the agency must initiate a diligent investigation to determine
if the child is in need of protection or services. Current law, however, permits, rather
than requires, the sheriff or police department to refer to an agency a case in which
a person who is not a caregiver of a child is suspected of the abuse of the child and
permits, rather than requires, the agency to initiate a diligent investigation to
determine if the child is in need of protection or services.
This bill requires the sheriff or police department to refer to an agency, and the
agency to investigate, a case of child abuse in which a person who is not a caregiver
of the child is suspected of permitting, allowing, or encouraging the child to engage
in prostitution.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB209,1
1Section
1. 48.981 (3) (a) 2. bm. of the statutes is created to read:
SB209,2,32
48.981
(3) (a) 2. bm. Cases in which a person who is not a caregiver is suspected
3of abuse, as defined in s. 48.02 (1) (d), of a child.
SB209,2
4Section
2. 48.981 (3) (a) 2d. of the statutes is amended to read:
SB209,2,95
48.981
(3) (a) 2d.
The Except as provided in subd. 2. bm., the sheriff or police
6department may refer to the county department or, in a county having a population
7of 500,000 or more, the department or a licensed child welfare agency under contract
8with the department a case reported to the sheriff or police department in which a
9person who is not a caregiver is suspected of abuse or of threatened abuse of a child.
SB209,3
10Section
3. 48.981 (3) (c) 1. a. of the statutes is amended to read:
SB209,3,1511
48.981
(3) (c) 1. a. Immediately after receiving a report under par. (a), the
12agency shall evaluate the report to determine whether there is reason to suspect that
13a caregiver has abused or neglected the child, has threatened the child with abuse
14or neglect, or has facilitated or failed to take action to prevent the suspected or
15threatened abuse or neglect of the child
or that a person who is not a caregiver has
16committed abuse, as defined in s. 48.02 (1) (d), of the child. Except as provided in sub.
17(3m), if the agency determines that a caregiver is suspected of abuse or neglect
or, 18of threatened abuse or neglect
of the child, determines that a caregiver is suspected,
19or of facilitating or failing to take action to prevent the suspected or threatened abuse
1or neglect of the child
,; determines that a person who is not a caregiver has
2committed abuse, as defined in s. 48.02 (1) (d), of the child; or cannot determine who
3abused or neglected the child, within 24 hours after receiving the report the agency
4shall, in accordance with the authority granted to the department under s. 48.48 (17)
5(a) 1. or the county department under s. 48.57 (1) (a), initiate a diligent investigation
6to determine if the child is in need of protection or services.
If Except as provided in
7this subd. 1. a., if the agency determines that a person who is not a caregiver is
8suspected of abuse or of threatened abuse, the agency may, in accordance with that
9authority, initiate a diligent investigation to determine if the child is in need or
10protection or services. Within 24 hours after receiving a report under par. (a) of
11suspected unborn child abuse, the agency, in accordance with that authority, shall
12initiate a diligent investigation to determine if the unborn child is in need of
13protection or services. An investigation under this subd. 1. a. shall be conducted in
14accordance with standards established by the department for conducting child abuse
15and neglect investigations or unborn child abuse investigations.
SB209,4
16Section
4.
Initial applicability.
SB209,3,1917
(1)
Reports of suspected child prostitution. This act first applies to a report
18of suspected child abuse received under section 48.981 (3) (a) 1. of the statutes on the
19effective date of this subsection.
SB209,5
20Section
5.
Effective date.
SB209,3,2221
(1)
Reports of suspected child prostitution. This act takes effect on the first
22day of the 2nd month beginning after publication.
