AB489: Bill Text

AB489,40,14 3. Subdivision 3. a. and b. does Subdivisions 1. and 2. do not preclude the subunit of the department that prepares the summary report from releasing to the governor, to the appropriate standing committees of the legislature under s. 13.172 (3), or to the public any of the information specified in subd. 4. or 5. par. (d) or (e) before the summary report is transmitted to the governor and to those committees and made available to the public; adding to or amending a summary report if new information specified in subd. 4. or 5. par. (d) or (e) is received after the summary report is transmitted to the governor and to those committees and made available to the public; or releasing to the governor, to those committees, and to the public any information at any time to correct any inaccurate information reported in the news media.

AB489,121 Section 121. 48.981 (7) (cr) 4. (intro.) of the statutes is renumbered 48.981 (7m) (d) (intro.) and amended to read:

AB489,40,20 48.981 (7m) (d) Summary report; child residing in home. (intro.) If the child was residing in his or her home when the incident of death or serious injury or the incident of egregious abuse or neglect occurred, the summary report under subd. 3. par. (c) 2. shall contain all of the following:

AB489,122 Section 122. 48.981 (7) (cr) 4. a. to d. of the statutes are renumbered 48.981 (7m) (d) 1. to 4.

AB489,123 Section 123. 48.981 (7) (cr) 4. e. of the statutes is renumbered 48.981 (7m) (d) 5. and amended to read:

AB489,41,3 48.981 (7m) (d) 5. The date of the incident and the suspected cause of the death, serious injury, or egregious abuse or neglect of the child, as reported by the agency under subd. 2. c. par. (b) 3.

AB489,124 Section 124. 48.981 (7) (cr) 4. f. and g. of the statutes are renumbered 48.981 (7m) (d) 6. and 7.

AB489,125 Section 125. 48.981 (7) (cr) 5. (intro.) of the statutes is renumbered 48.981 (7m) (e) (intro.) and amended to read:

AB489,41,11 48.981 (7m) (e) Summary report; child in out-of-home care. (intro.) If the child was placed in an out-of-home placement under this chapter or ch. 938 at the time of the incident of death or serious injury or incident of egregious abuse or neglect, the summary report under subd. 3. par. (c) 2. shall contain all of the following:

AB489,126 Section 126. 48.981 (7) (cr) 5. a. to d. of the statutes are renumbered 48.981 (7m) (e) 1. to 4.

AB489,127 Section 127. 48.981 (7) (cr) 5. e. of the statutes is renumbered 48.981 (7m) (e) 5. and amended to read:

AB489,41,18 48.981 (7m) (e) 5. The date of the incident and the suspected cause of the death, serious injury, or egregious abuse or neglect of the child, as reported by the agency under subd. 2. c. par. (b) 3.

AB489,128 Section 128. 48.981 (7) (cr) 5. f. of the statutes is renumbered 48.981 (7m) (e) 6.

AB489,129 Section 129. 48.981 (7) (cr) 6. (intro.) of the statutes is renumbered 48.981 (7m) (f) (intro.) and amended to read:

AB489,41,25 48.981 (7m) (f) Information prohibited from disclosure. (intro.) A summary report or other release or disclosure of information under subd. 3. par. (c) may not include any of the following:

AB489,130 Section 130. 48.981 (7) (cr) 6. a. to e. of the statutes are renumbered 48.981 (7m) (f) 1. to 5.

AB489,131 Section 131. 48.981 (7) (cr) 7. (intro.) of the statutes is renumbered 48.981 (7m) (g) (intro.) and amended to read:

AB489,42,13 48.981 (7m) (g) Disclosure of information; when prohibited. (intro.) The subunit of the department that prepares a summary report or otherwise transmits, releases, or discloses information under subd. 3. par. (c) may not transmit the summary report to the governor and to the appropriate standing committees of the legislature under s. 13.172 (3), make the summary report available to the public, or transmit, release, or disclose the information to the governor, to those standing committees, or to the public if the subunit determines that transmitting or making the summary report available or transmitting, releasing, or disclosing the information would jeopardize any of the following:

AB489,132 Section 132. 48.981 (7) (cr) 7. a. and b. of the statutes are renumbered 48.981 (7m) (g) 1. and 2.

AB489,133 Section 133. 48.981 (7) (cr) 8. of the statutes is renumbered 48.981 (7m) (h) and amended to read:

AB489,43,5 48.981 (7m) (h) Request or petition for information. If the department fails to disclose to the governor, to the appropriate standing committees of the legislature under s. 13.172 (3), or to the public any information that the department is required to disclose under this paragraph subsection, any person may request the department to disclose that information. If the person's request is denied, the person may petition the court to order the disclosure of that information. On receiving a petition under this subdivision paragraph, the court shall notify the department, the agency, the district attorney, the child, and the child's parent, guardian, or legal custodian of the petition. If any person notified objects to the disclosure, the court may hold a hearing to take evidence and hear argument relating to the disclosure of the information. The court shall make an in camera inspection of the information sought to be disclosed and shall order disclosure of the information, unless the court finds that any of the circumstances specified in subd. 6. or 7. par. (f) or (g) apply.

AB489,134 Section 134. 48.981 (7) (cr) 9. of the statutes is renumbered 48.981 (7m) (i) and amended to read:

AB489,43,16 48.981 (7m) (i) Immunity from liability. Any person acting in good faith in providing information under subd. 2. par. (b), in preparing, transmitting, or making available a summary report under subd. 3. par. (c), or in otherwise transmitting, releasing, or disclosing information under subd. 3. par. (c), 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. par. (b), in preparing, transmitting, or making available a summary report under subd. 3. par. (c), or in otherwise transmitting, releasing, or disclosing information under subd. 3. par. (c) shall be presumed.

AB489,135 Section 135. 48.981 (7) (d) of the statutes is renumbered 48.981 (7g) (d) and amended to read:

AB489,43,21 48.981 (7g) (d) Access by department. Notwithstanding par. (a), An agency shall permit the department may to have access to any report or record maintained by an the agency under this section.

AB489,136 Section 136. 48.981 (7) (dm) of the statutes is renumbered 48.981 (7g) (dm) and amended to read:

AB489,44,2 48.981 (7g) (dm) Statewide automated child welfare information system. Notwithstanding par. (a), an An agency may enter the content of any report or record maintained by the agency into the statewide automated child welfare information system established under s. 48.47 (7g).

AB489,137 Section 137. 48.981 (7) (e) of the statutes is renumbered 48.981 (7r) (a) and amended to read:

AB489,44,8 48.981 (7r) (a) Further disclosure prohibited. A person to whom a report or record is disclosed under this subsection sub. (3f) (c), (7d), (7g), or (7m) may not further disclose it the report or record, except to the persons and for the purposes specified in this section those provisions.

AB489,138 Section 138. 48.981 (7) (f) of the statutes is renumbered 48.981 (7r) (b) and amended to read:

AB489,44,14 48.981 (7r) (b) Penalty. Any person who violates this subsection sub. (7), (7d), (7g), or (7m), or who permits or encourages the unauthorized dissemination or use of information contained in reports and records made under this section, may be fined not more than $1,000 or imprisoned not more than 6 months or both.

AB489,139 Section 139. 48.981 (7d) (intro.) of the statutes is created to read:

AB489,44,18 48.981 (7d) Confidentiality; exceptions. (intro.) Notwithstanding sub. (7), reports made under this section and records maintained by an agency or by any other person may be disclosed to any of the following persons:

AB489,140 Section 140. 48.981 (7d) (a) (title) of the statutes is created to read:

AB489,44,20 48.981 (7d) (a) (title) Subject of report.

AB489,141 Section 141. 48.981 (7d) (b) (title) of the statutes is created to read:

AB489,44,22 48.981 (7d) (b) (title) Agency staff.

AB489,142 Section 142. 48.981 (7d) (c) (title) of the statutes is created to read:

AB489,44,24 48.981 (7d) (c) (title) Attending physician.

AB489,143 Section 143. 48.981 (7d) (cm) (title) of the statutes is created to read:

AB489,45,1 48.981 (7d) (cm) (title) Parent, guardian, legal custodian, or expectant mother.

AB489,144 Section 144. 48.981 (7d) (dp) (title) of the statutes is created to read:

AB489,45,3 48.981 (7d) (dp) (title) Adoption or foster home licensing agency.

AB489,145 Section 145. 48.981 (7d) (hm) (title) of the statutes is created to read:

AB489,45,5 48.981 (7d) (hm) (title) Correctional community placements.

AB489,146 Section 146. 48.981 (7d) (i) (title) of the statutes is created to read:

AB489,45,7 48.981 (7d) (i) (title) Facility licensing proceedings.

AB489,147 Section 147. 48.981 (7d) (Lr) (title) of the statutes is created to read:

AB489,45,9 48.981 (7d) (Lr) (title) Court-appointed special advocate.

AB489,148 Section 148. 48.981 (7d) (m) (title) of the statutes is created to read:

AB489,45,11 48.981 (7d) (m) (title) Researcher.

AB489,149 Section 149. 48.981 (7d) (om) (title) of the statutes is created to read:

AB489,45,13 48.981 (7d) (om) (title) John Doe proceeding.

AB489,150 Section 150. 48.981 (7d) (pg) (title) of the statutes is created to read:

AB489,45,15 48.981 (7d) (pg) (title) Citizen review panel.

AB489,151 Section 151. 48.981 (7g) (intro.) of the statutes is created to read:

AB489,45,19 48.981 (7g) Confidentiality; further exceptions. (intro.) Notwithstanding sub. (7), reports made under this section and records maintained by an agency or by any other person may also be disclosed as follows:

AB489,152 Section 152. 48.981 (7m) (title) of the statutes is created to read:

AB489,45,22 48.981 (7m) (title) Death, serious injury, or other egregious incidents; public disclosure.

AB489,153 Section 153. 48.981 (7r) (title) of the statutes is created to read:

AB489,45,24 48.981 (7r) (title) Further disclosure prohibited; penalties.

AB489,154 Section 154. 48.981 (8) (a) of the statutes is amended to read:

AB489,46,22 48.981 (8) (a) Education and training programs. The department, the county departments, and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more to To the extent feasible, agencies shall conduct continuing education and training programs for staff of the department, the county departments, licensed child welfare agencies under contract with the department or a county department, agency staff, staff of law enforcement agencies, and the tribal social services departments, persons and officials required to report, the general public, and others as appropriate and shall develop public information programs about child abuse and neglect and unborn child abuse. The programs shall be designed to encourage reporting of child abuse and neglect and of unborn child abuse, to encourage self-reporting and voluntary acceptance of services, and to improve communication, cooperation, and coordination in the identification, prevention, and treatment of child abuse and neglect and of unborn child abuse. Programs provided for agency staff of the department, county departments, and licensed child welfare agencies under contract with county departments or the department whose responsibilities include the investigation or treatment of child abuse or neglect shall also be designed to provide information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 49.165 (1) (a). The department, the county departments, and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more shall develop public information programs about child abuse and neglect and about unborn child abuse.

AB489,155 Section 155. 48.981 (8) (b) of the statutes is amended to read:

AB489,47,6 48.981 (8) (b) Program development and coordination. The department shall to To the extent feasible, the department shall ensure that there are available in the state administrative procedures, personnel trained in child abuse and neglect and in unborn child abuse, multidisciplinary programs, and operational procedures and capabilities to deal effectively with child abuse and neglect cases and with unborn child abuse cases. These procedures and capabilities may include, but are not limited to, receipt, investigation and verification of reports; determination of treatment or ameliorative social services; or referral to the appropriate court.

AB489,156 Section 156. 48.981 (8) (c) of the statutes is amended to read:

AB489,47,15 48.981 (8) (c) Contracting for programming. In meeting its responsibilities under par. (a) or (b), the department, a county department or a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more an agency may contract with any public or private organization which that meets the standards set by the department. In entering into the contracts the department, county department or licensed child welfare an agency shall give priority to parental organizations combating child abuse and neglect or unborn child abuse.

AB489,157 Section 157. 48.981 (8) (d) (title) of the statutes is created to read:

AB489,47,17 48.981 (8) (d) (title) Staff training required.

AB489,158 Section 158. 48.981 (9) (b) 1. of the statutes is amended to read:

AB489,48,9 48.981 (9) (b) 1. Within 30 days after the end of each calendar quarter, the department shall prepare and transmit to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3), a summary report of all reports received by the department under sub. (3) (c) 8. (3g) (h) 3. during the previous calendar quarter of abuse, as defined in s. 48.02 (1) (b) to (f), of a child who is placed in the home of a foster parent or relative other than a parent or in a group home, shelter care facility, or residential care center for children and youth. For each report included in the summary report the department shall provide the number of incidents of abuse reported; the dates of those incidents; the county in which those incidents occurred; the age or age group of the child who is the subject of the report; the type of placement in which the child was placed at the time of the incident; whether it was determined under sub. (3) (c) 4. (3g) (d) that abuse occurred; and, if so, the nature of the relationship between the child and the person who abused the child, but may not provide any of the information specified in sub. (7) (cr) 6. (7m) (f) or any information that would jeopardize an investigation, prosecution, or proceeding described in sub. (7) (cr) 7. a. or b. (7m) (g) 1. or 2.

AB489,159 Section 159. 48.981 (9) (b) 2. of the statutes is amended to read:

AB489,48,21 48.981 (9) (b) 2. In every 4th summary report prepared and transmitted under subd. 1., the department shall provide for all reports of abuse, as defined in s. 48.02 (1) (b) to (f), of a child who is placed as described in subd. 1. received by the department under sub. (3) (c) 8. (3g) (h) 3. during the previous year information indicating whether the abuse resulted in any injury, disease, or pregnancy that is known to be directly caused by the abuse, but may not provide any of the information specified in sub. (7) (cr) 6. (7m) (f) or any information that would jeopardize an investigation, prosecution, or proceeding described in sub. (7) (cr) 7. a. or b. (7m) (g) 1. or 2. A county department reporting under sub. (3) (c) 8. (3g) (h) 3. shall make an active effort to obtain that information and report the information to the department under sub. (3) (c) 8. (3g) (h) 3.

AB489,160 Section 160. 48.981 (10) of the statutes is renumbered 48.981 (3f) (d) and amended to read:

AB489,49,3 48.981 (3f) (d) Current list of tribal agents. The department shall annually provide to each agency described in sub. (3) (bm) (intro.) a current list of all tribal agents in the state.

AB489,161 Section 161. 48.983 (1) (b) 1. b. of the statutes is amended to read:

AB489,49,9 48.983 (1) (b) 1. b. An Indian child who has been the subject of a report under s. 48.981 about which an Indian tribe that has received a grant under this section has received notice, including but not limited to notice provided to a tribal agent under s. 48.981 (3) (3f) (bm), and with respect to whom an individual designated by the Indian tribe has determined that all of the conditions in subd. 2. exist.

AB489,162 Section 162. 48.983 (6) (b) 4. of the statutes is amended to read:

AB489,49,15 48.983 (6) (b) 4. `Nonentitlement.' No individual is entitled to any payment from a fund established under subd. 1. or 2. Nothing in this section shall be construed as requiring a county, private agency, or Indian tribe to make a determination described in sub. (1) (b) 2. A determination described in sub. (1) (b) 2. may not be construed to be a determination described in s. 48.981 (3) (c) 4. (3g) (d).

AB489,163 Section 163. 50.065 (2) (am) 4. of the statutes is amended to read:

AB489,49,20 50.065 (2) (am) 4. Information maintained by the department regarding any final determination under s. 48.981 (3) (c) 5m. (3g) (e) or, if a contested case hearing is held on such a determination, any final decision under s. 48.981 (3) (c) 5p. (3g) (em) that the person has abused or neglected a child.

AB489,164 Section 164. 50.065 (2) (b) 4. of the statutes is amended to read:

AB489,49,25 50.065 (2) (b) 4. Information maintained by the department regarding any final determination under s. 48.981 (3) (c) 5m. (3g) (e) or, if a contested case hearing is held on such a determination, any final decision under s. 48.981 (3) (c) 5p. (3g) (em) that the person has abused or neglected a child.

AB489,165 Section 165. 50.065 (4m) (a) 4. of the statutes is amended to read:

AB489,50,5 50.065 (4m) (a) 4. That a final determination has been made under s. 48.981 (3) (c) 5m. (3g) (e) or, if a contested case hearing is held on such a determination, a final decision has been made under s. 48.981 (3) (c) 5p. (3g) (em) that the person has abused or neglected a child.

AB489,166 Section 166. 50.065 (4m) (b) 4. of the statutes is amended to read:

AB489,50,10 50.065 (4m) (b) 4. That a final determination has been made under s. 48.981 (3) (c) 5m. (3g) (e) or, if a contested case hearing is held on such a determination, a final decision has been made under s. 48.981 (3) (c) 5p. (3g) (em) that the person has abused or neglected a child.

AB489,167 Section 167. 51.30 (4) (b) 17. of the statutes is amended to read:

AB489,50,20 51.30 (4) (b) 17. To the elder-adult-at-risk agency designated under s. 46.90 (2) or other investigating agency under s. 46.90 for the purposes of s. 46.90 (4) and (5), to an agency, as defined in s. 48.981 (1) (ag), or a sheriff or police department for the purposes of s. 48.981 (2) and (3) to (3m), or to the adult-at-risk agency designated under s. 55.043 (1d) for purposes of s. 55.043. The treatment record holder may release treatment record information by initiating contact with the elder-adult-at-risk agency, agency, as defined in s. 48.981 (1) (ag), sheriff or police department, or adult-at-risk agency, without first receiving a request for release of the treatment record.