AB489: Bill Text

AB489,17 Section 17. 48.981 (2) (a) 15., 16. and 16m. of the statutes are repealed.

AB489,18 Section 18. 48.981 (2) (a) 17. to 29. of the statutes are renumbered 48.981 (2) (ar) 17. to 29.

AB489,19 Section 19. 48.981 (2) (ag) of the statutes is created to read:

AB489,11,10 48.981 (2) (ag) Definitions. In this subsection:

AB489,11,13 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).

AB489,11,16 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.

AB489,20 Section 20. 48.981 (2) (ar) 16r., 30. and 31. of the statutes are created to read:

AB489,11,21 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.

AB489,11,22 30. A probation agent.

AB489,11,23 31. A parole agent.

AB489,21 Section 21. 48.981 (2) (b) of the statutes is amended to read:

AB489,12,7 48.981 (2) (b) Mandatory reporters; court-appointed special advocates. A Except as provided in sub. (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).

AB489,22 Section 22. 48.981 (2) (bm) (title) of the statutes is created to read:

AB489,12,9 48.981 (2) (bm) Mandatory reporters; members of the clergy.

AB489,23 Section 23. 48.981 (2) (bm) 1. (intro.), a. and b. of the statutes are consolidated, renumbered 48.981 (2) (bm) 1g. and amended to read:

AB489,12,17 48.981 (2) (bm) 1g. Except as provided in subd. 3. and subs. (2m) and sub. (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.

AB489,24 Section 24. 48.981 (2) (bm) 1d. of the statutes is created to read:

AB489,12,19 48.981 (2) (bm) 1d. In this paragraph:

AB489,12,20 a. "Abuse" has the meaning given in s. 48.02 (1) (b) to (f).

AB489,25 Section 25. 48.981 (2) (bm) 2. (intro.), a. and b. of the statutes are consolidated, renumbered 48.981 (2) (bm) 2. and amended to read:

AB489,13,4 48.981 (2) (bm) 2. Except as provided in subd. 3. and subs. (2m) and sub. (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.

AB489,26 Section 26. 48.981 (2) (bm) 3. of the statutes is amended to read:

AB489,13,12 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.

AB489,27 Section 27. 48.981 (2) (c) of the statutes is amended to read:

AB489,13,18 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).

AB489,28 Section 28. 48.981 (2) (d) of the statutes is amended to read:

AB489,13,23 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).

AB489,29 Section 29. 48.981 (2m) of the statutes is repealed.

AB489,30 Section 30. 48.981 (2r) of the statutes is amended to read:

AB489,14,7 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).

AB489,31 Section 31. 48.981 (3) (title) of the statutes is amended to read:

AB489,14,9 48.981 (3) (title) Reports; investigation referral of report.

AB489,32 Section 32. 48.981 (3) (a) 1. of the statutes is renumbered 48.981 (3) (a) and amended to read:

AB489,14,18 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.

AB489,33 Section 33. 48.981 (3) (a) 2. (intro.) of the statutes is renumbered 48.981 (3) (bg) (intro.) and amended to read:

AB489,15,2 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:

AB489,34 Section 34. 48.981 (3) (a) 2. a. to d. of the statutes are renumbered 48.981 (3) (bg) 1. to 4.

AB489,35 Section 35. 48.981 (3) (a) 2d. of the statutes is renumbered 48.981 (3) (bp) and amended to read:

AB489,15,12 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.

AB489,36 Section 36. 48.981 (3) (a) 2g. of the statutes is renumbered 48.981 (3) (br) and amended to read:

AB489,15,17 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.

AB489,37 Section 37. 48.981 (3) (a) 3. of the statutes is renumbered 48.981 (3) (cg) and amended to read:

AB489,16,4 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.

AB489,38 Section 38. 48.981 (3) (a) 4. of the statutes is renumbered 48.981 (3) (dg) and amended to read:

AB489,16,11 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.

AB489,39 Section 39. 48.981 (3) (b) of the statutes is renumbered 48.981 (3d).

AB489,40 Section 40. 48.981 (3) (bm) of the statutes is renumbered 48.981 (3f) (bm) and 48.981 (3f) (bm) (intro.), as renumbered, is amended to read:

AB489,16,24 48.981 (3f) (bm) (intro.) 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 that receives a report under par. (a) sub. (3) pertaining to a child or an unborn child knows or has reason to know that the child is an Indian child who resides in the county or that the unborn child is an Indian unborn child whose expectant mother resides in the county, the county department shall provide notice, which shall consist only of the name and address of the Indian child or expectant mother and the fact that a report has been received about that Indian child or Indian unborn child, within 24 hours to one of the following:

AB489,41 Section 41. 48.981 (3) (c) (title) of the statutes is renumbered 48.981 (3g) (title) and amended to read:

AB489,17,3 48.981 (3g) (title) Duties of county departments agencies.

AB489,42 Section 42. 48.981 (3) (c) 1. a. of the statutes is renumbered 48.981 (3g) (a) 1. a. and amended to read:

AB489,17,22 48.981 (3g) (a) 1. a. Immediately after receiving a report under par. (a) sub. (3), the agency shall evaluate the report to determine whether there is reason to suspect that a caregiver has abused or neglected the child, has threatened the child with abuse or neglect, or has facilitated or failed to take action to prevent the suspected or threatened abuse or neglect of the child. Except as provided in sub. (3m), if the agency determines that a caregiver is suspected of abuse or neglect or, of threatened abuse or neglect of the child, determines that a caregiver is suspected, or of facilitating or failing to take action to prevent the suspected or threatened abuse or neglect of the child, or if the agency cannot identify an individual who is suspected of abuse or neglect or of threatened abuse or neglect of the child, within 24 hours after receiving the report the agency shall, in accordance with the authority granted to the department under s. 48.48 (17) (a) 1. or the county department under s. 48.57 (1) (a), initiate a diligent investigation to determine if the child is in need of protection or services. If the agency determines that a person who is not a caregiver is suspected of abuse or of threatened abuse, the agency may, in accordance with that authority, initiate a diligent investigation to determine if the child is in need or of protection or services.

AB489,18,2 b. Within 24 hours after receiving a report under par. (a) sub. (3) of suspected unborn child abuse, the agency, in accordance with that authority, shall initiate a diligent investigation to determine if the unborn child is in need of protection or services.

AB489,18,8 c. An investigation under this subd. 1. a. or b. shall be conducted in accordance with the authority granted to the department under s. 48.48 (17) (a) 1. or the county department under s. 48.57 (1) (a) and in accordance with standards established by the department for conducting child abuse and neglect investigations or unborn child abuse investigations. Notwithstanding s. 227.10 (1), the department need not promulgate those standards as rules under ch. 227.

AB489,43 Section 43. 48.981 (3) (c) 1. b. of the statutes is renumbered 48.981 (3g) (a) 2. and amended to read:

AB489,19,4 48.981 (3g) (a) 2. If the investigation is of a report of child abuse or neglect or of threatened child abuse or neglect by a caregiver specified in sub. (1) (am) 5. to 8. who continues to have access to the child or a caregiver specified in sub. (1) (am) 1. to 4., or of a report that does not disclose who is suspected of the child abuse or neglect and in which the investigation does not disclose who abused or neglected the child, the investigation shall also include observation of or an interview with the child, or both, and, if possible, an interview with the child's parents, guardian, or legal custodian. If the investigation is of a report of child abuse or neglect or threatened child abuse or neglect by a caregiver who continues to reside in the same dwelling as the child, the investigation shall also include, if possible, a visit to that dwelling. At the initial visit to the child's dwelling, the person making the investigation shall identify himself or herself and the agency involved to the child's parents, guardian, or legal custodian. The agency may contact, observe, or interview the child at any location without permission from the child's parent, guardian, or legal custodian if necessary to determine if the child is in need of protection or services , except that the person making the investigation may enter a child's dwelling only with permission from the child's parent, guardian, or legal custodian or after obtaining a court order permitting the person to do so to the extent permitted under the U.S. Constitution and the Wisconsin Constitution.

AB489,44 Section 44. 48.981 (3) (c) 2. of the statutes is renumbered 48.981 (3g) (b).

AB489,45 Section 45. 48.981 (3) (c) 2m. of the statutes is renumbered 48.981 (3g) (bm).

AB489,46 Section 46. 48.981 (3) (c) 3. of the statutes is renumbered 48.981 (3g) (c) and amended to read:

AB489,19,22 48.981 (3g) (c) Offer of services; filing of petitions. If 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 determines that a child, any member of the child's family, or the child's guardian or legal custodian is in need of services or that the expectant mother of an unborn child is in need of services, the county department, department or licensed child welfare agency shall offer to provide appropriate services or to make arrangements for the provision of services. If the child's parent, guardian, or legal custodian or the expectant mother refuses to accept the services, the county department, department or licensed child welfare agency may request that a petition be filed under s. 48.13 alleging that the child who is the subject of the report or any other child in the home is in need of protection or services or that a petition be filed under s. 48.133 alleging that the unborn child who is the subject of the report is in need of protection or services. The agency may also petition for child abuse restraining orders and injunctions under s. 48.25 (6).

AB489,47 Section 47. 48.981 (3) (c) 4. of the statutes is renumbered 48.981 (3g) (d) and amended to read:

AB489,20,16 48.981 (3g) (d) Abuse or neglect determination. 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 shall determine, If a report is investigated under par. (a), within 60 days after receipt of a report that the county department, department, or licensed child welfare agency investigates under subd. 1., the report the agency shall determine whether abuse or neglect has occurred or is likely to occur. The determination shall be based on a preponderance of the evidence produced by the investigation. A determination that abuse or neglect has occurred may not be based solely on the fact that the child's parent, guardian, or legal custodian in good faith selects and relies on prayer or other religious means for treatment of disease or for remedial care of the child. In making a determination that emotional damage has occurred, 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 shall give due regard to the culture of the subjects. This subdivision paragraph does not prohibit a court from ordering medical services for the child if the child's health requires it those services.

AB489,48 Section 48. 48.981 (3) (c) 5. of the statutes is renumbered 48.981 (3g) (h) 1.

AB489,49 Section 49. 48.981 (3) (c) 5m. of the statutes is renumbered 48.981 (3g) (e) and amended to read:

AB489,21,10 48.981 (3g) (e) Right to appeal determination. 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 An agency may include in a determination under subd. 4. par. (d) a determination that a specific person has abused or neglected a child. If the county department, department, or licensed child welfare agency makes an initial determination that a specific person has abused or neglected a child, the county department, department, or licensed child welfare agency shall provide that person with an opportunity for a review of that initial determination in accordance with rules promulgated by the department before the county department, department, or licensed child welfare agency may make a final determination that the person has abused or neglected a child. Within 5 days after the date of a final determination that a specific person has abused or neglected a child, the county department, department, or licensed child welfare agency shall notify the person in writing of the determination, the person's right to a contested case hearing on the determination under ch. 227, and the procedures under sub. 5p. par. (em) by which the person may receive that hearing.

AB489,50 Section 50. 48.981 (3) (c) 5p. of the statutes is renumbered 48.981 (3g) (em) and amended to read:

AB489,22,5 48.981 (3g) (em) Right to contested case hearing. A person who is the subject of a final determination under subd. 5m. par. (e) that the person has abused or neglected a child has the right to a contested case hearing on that determination under ch. 227. To receive that hearing, the person must send to the department a written request for a hearing under s. 227.44 within 10 days after the date of the notice under subd. 5m. par. (e) of the determination. The department shall commence the hearing within 90 days after receipt of the request for the hearing, unless the hearing is rescheduled on the request of the person requesting the hearing or the contested case proceeding is held in abeyance as provided in this subdivision paragraph, and shall issue a final decision within 60 days after the close of the hearing. Judicial review of the final administrative decision following the hearing may be had by any party to the contested case proceeding as provided in ch. 227. The person presiding over a contested case proceeding under this subdivision paragraph may hold the hearing in abeyance pending the outcome of any criminal investigation or proceedings or any investigation or proceedings under s. 48.13 based on the alleged abuse or neglect or the outcome of any investigation that may lead to the filing of a criminal complaint or a petition under s. 48.13 based on the alleged abuse or neglect.

AB489,51 Section 51. 48.981 (3) (c) 5r. of the statutes is renumbered 48.981 (3g) (h) 2. and amended to read:

AB489,22,16 48.981 (3g) (h) 2. Within 15 days after a final determination is made under subd. 5m. par. (e) that a specific person has abused or neglected a child or, if a contested case hearing is held on such a determination, within 15 days after a final decision is made under subd. 5p. par. (em) determining that a specific person has abused or neglected a child, 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 shall provide the subunit of the department that administers s. 48.685 with information about the person who has been determined to have abused or neglected the child.

AB489,52 Section 52. 48.981 (3) (c) 6. of the statutes is renumbered 48.981 (3g) (f) and amended to read:

AB489,22,23 48.981 (3g) (f) Action taken; information to mandatory reporter. The agency shall, within Within 60 days after it receives receiving a report from a person required under sub. (2) to report, the agency shall inform the reporter 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.

AB489,53 Section 53. 48.981 (3) (c) 6m. of the statutes is renumbered 48.981 (3g) (fm) and amended to read:

AB489,23,20 48.981 (3g) (fm) Action taken; information to relative. If a person who is not required under sub. (2) to report makes a report and is a relative of the child, other than the child's parent, or is a relative of the expectant mother of the unborn child makes a report under sub. (2) (c) or (d), that person may make a written request to the 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. An agency that receives a written request under this subdivision shall, within Within 60 days after it receives receiving the report or 20 days after it receives receiving the written request, whichever is later, inform the reporter in writing of what action, if any, was taken to protect the health and welfare of the child or unborn child the agency shall disclose that information to the re   quester, unless a court order prohibits that disclosure, and shall inform the requester of the duty to keep the information confidential under sub. (7) (e) (7r) (a) and of the penalties for failing to do so under sub. (7) (f) (7r) (b). The agency may petition the court ex parte for an order prohibiting that disclosure and, if the agency does so, the time period within which the information must be disclosed is tolled on from the date the petition is filed and remains tolled until the court issues a decision. The court may hold an ex parte hearing in camera and shall issue an order granting the petition if the court determines that disclosure of the information would not be in the best interests of the child or unborn child.

AB489,54 Section 54. 48.981 (3) (c) 7. of the statutes is renumbered 48.981 (3g) (g) (intro.) and amended to read:

AB489,24,2 48.981 (3g) (g) Cooperation and coordination. (intro.) 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 Each agency shall cooperate do all of the following:

AB489,24,7 1. Cooperate with law enforcement officials, courts of competent jurisdiction, tribal governments, and other human services agencies to prevent, identify, and treat child abuse and neglect and unborn child abuse. 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 shall coordinate

AB489,24,14 2. Coordinate the development and provision of services to abused and neglected children and their families, to abused unborn children to families in which child abuse or neglect has occurred, to and their expectant mothers who have abused their unborn children,, and to children and families or expectant mothers when circumstances justify a belief that abuse or neglect or unborn child abuse will occur and to the expectant mothers of unborn children when circumstances justify a belief that unborn child abuse will occur.

AB489,55 Section 55. 48.981 (3) (c) 8. of the statutes is renumbered 48.981 (3g) (h) 3. and amended to read:

AB489,25,5 48.981 (3g) (h) 3. Using the format prescribed by the department, each county department shall provide the department with information about each report that the county department receives or that is received by or a licensed child welfare agency that is under contract with the county department receives and about each investigation that the county department or a licensed child welfare agency under contract with the county department conducts. Using the format prescribed by the department, a licensed child welfare agency under contract with the department shall provide the department with information about each report that the child welfare agency receives and about each investigation that the child welfare agency conducts. The department shall use the information to monitor services provided by those county departments or licensed child welfare agencies under contract with county departments or the department. The department shall use nonidentifying information to maintain statewide statistics on child abuse and neglect and on unborn child abuse, and for planning and policy development purposes.

AB489,56 Section 56. 48.981 (3) (c) 9. of the statutes is repealed.

AB489,57 Section 57. 48.981 (3) (cm) of the statutes is renumbered 48.981 (3h) and amended to read:

AB489,25,17 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 500,000 750,000 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.

AB489,58 Section 58. 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:

AB489,25,25 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.

AB489,26,16 (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 500,000 750,000, 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).

AB489,59 Section 59. 48.981 (3d) (a) (title) of the statutes is created to read:

AB489,26,18 48.981 (3d) (a) (title) Immediate investigation on request.

AB489,60 Section 60. 48.981 (3d) (b) (title) of the statutes is created to read:

AB489,26,20 48.981 (3d) (b) (title) Taking child into custody.