AB489,131
3Section
131. 48.981 (7) (cr) 7. (intro.) of the statutes is renumbered 48.981
4(7m) (g) (intro.) and amended to read:
AB489,42,135
48.981
(7m) (g)
Disclosure of information; when prohibited. (intro.) The
6subunit of the department that prepares a summary report or otherwise transmits,
7releases, or discloses information under
subd. 3.
par. (c) may not transmit the
8summary report to the governor and to the appropriate standing committees of the
9legislature under s. 13.172 (3), make the summary report available to the public, or
10transmit, release, or disclose the information to the governor, to those standing
11committees, or to the public if the subunit determines that transmitting or making
12the summary report available or transmitting, releasing, or disclosing the
13information would jeopardize any of the following:
AB489,132
14Section
132. 48.981 (7) (cr) 7. a. and b. of the statutes are renumbered 48.981
15(7m) (g) 1. and 2.
AB489,133
16Section
133. 48.981 (7) (cr) 8. of the statutes is renumbered 48.981 (7m) (h)
17and amended to read:
AB489,43,518
48.981
(7m) (h)
Request or petition for information. If the department fails to
19disclose to the governor, to the appropriate standing committees of the legislature
20under s. 13.172 (3), or to the public any information that the department is required
21to disclose under this
paragraph subsection, any person may request the department
22to disclose that information. If the person's request is denied, the person may
23petition the court to order the disclosure of that information. On receiving a petition
24under this
subdivision paragraph, the court shall notify the department, the agency,
25the district attorney, the child, and the child's parent, guardian, or legal custodian
1of the petition. If any person notified objects to the disclosure, the court may hold
2a hearing to take evidence and hear argument relating to the disclosure of the
3information. The court shall make an in camera inspection of the information sought
4to be disclosed and shall order disclosure of the information, unless the court finds
5that any of the circumstances specified in
subd. 6. or 7. par. (f) or (g) apply.
AB489,134
6Section
134. 48.981 (7) (cr) 9. of the statutes is renumbered 48.981 (7m) (i) and
7amended to read:
AB489,43,168
48.981
(7m) (i)
Immunity from liability. Any person acting in good faith in
9providing information under
subd. 2. par. (b), in preparing, transmitting, or making
10available a summary report under
subd. 3. par. (c), or in otherwise transmitting,
11releasing, or disclosing information under
subd. 3.
par. (c), is immune from any
12liability, civil or criminal, that may result by reason of those actions. For purposes
13of any proceeding, civil or criminal, the good faith of a person in providing
14information under
subd. 2. par. (b), in preparing, transmitting, or making available
15a summary report under
subd. 3. par. (c), or in otherwise transmitting, releasing, or
16disclosing information under
subd. 3. par. (c) shall be presumed.
AB489,135
17Section
135. 48.981 (7) (d) of the statutes is renumbered 48.981 (7g) (d) and
18amended to read:
AB489,43,2119
48.981
(7g) (d)
Access by department. Notwithstanding par. (a), An agency
20shall permit the department
may to have access to any report or record maintained
21by
an the agency under this section.
AB489,136
22Section
136. 48.981 (7) (dm) of the statutes is renumbered 48.981 (7g) (dm)
23and amended to read:
AB489,44,224
48.981
(7g) (dm)
Statewide automated child welfare information system. 25Notwithstanding par. (a), an An agency may enter the content of any report or record
1maintained by the agency into the statewide automated child welfare information
2system established under s. 48.47 (7g).
AB489,137
3Section
137. 48.981 (7) (e) of the statutes is renumbered 48.981 (7r) (a) and
4amended to read:
AB489,44,85
48.981
(7r) (a)
Further disclosure prohibited. A person to whom a report or
6record is disclosed under
this subsection sub. (3f) (c), (7d), (7g), or (7m) may not
7further disclose
it the report or record, except to the persons and for the purposes
8specified in
this section those provisions.
AB489,138
9Section
138. 48.981 (7) (f) of the statutes is renumbered 48.981 (7r) (b) and
10amended to read:
AB489,44,1411
48.981
(7r) (b)
Penalty. Any person who violates
this subsection sub. (7), (7d),
12(7g), or (7m), or who permits or encourages the unauthorized dissemination or use
13of information contained in reports and records made under this section, may be
14fined not more than $1,000 or imprisoned not more than 6 months or both.
AB489,139
15Section
139. 48.981 (7d) (intro.) of the statutes is created to read:
AB489,44,1816
48.981
(7d) Confidentiality; exceptions. (intro.) Notwithstanding sub. (7),
17reports made under this section and records maintained by an agency or by any other
18person may be disclosed to any of the following persons:
AB489,140
19Section
140. 48.981 (7d) (a) (title) of the statutes is created to read:
AB489,44,2020
48.981
(7d) (a) (title)
Subject of report.
AB489,141
21Section
141. 48.981 (7d) (b) (title) of the statutes is created to read:
AB489,44,2222
48.981
(7d) (b) (title)
Agency staff.
AB489,142
23Section
142. 48.981 (7d) (c) (title) of the statutes is created to read:
AB489,44,2424
48.981
(7d) (c) (title)
Attending physician.
AB489,143
25Section
143. 48.981 (7d) (cm) (title) of the statutes is created to read:
AB489,45,1
148.981
(7d) (cm) (title)
Parent, guardian, legal custodian, or expectant mother.
AB489,144
2Section
144. 48.981 (7d) (dp) (title) of the statutes is created to read:
AB489,45,33
48.981
(7d) (dp) (title)
Adoption or foster home licensing agency.
AB489,145
4Section
145. 48.981 (7d) (hm) (title) of the statutes is created to read:
AB489,45,55
48.981
(7d) (hm) (title)
Correctional community placements.
AB489,146
6Section
146. 48.981 (7d) (i) (title) of the statutes is created to read:
AB489,45,77
48.981
(7d) (i) (title)
Facility licensing proceedings.
AB489,147
8Section
147. 48.981 (7d) (Lr) (title) of the statutes is created to read:
AB489,45,99
48.981
(7d) (Lr) (title)
Court-appointed special advocate.
AB489,148
10Section
148. 48.981 (7d) (m) (title) of the statutes is created to read:
AB489,45,1111
48.981
(7d) (m) (title)
Researcher.
AB489,149
12Section
149. 48.981 (7d) (om) (title) of the statutes is created to read:
AB489,45,1313
48.981
(7d) (om) (title)
John Doe proceeding.
AB489,150
14Section
150. 48.981 (7d) (pg) (title) of the statutes is created to read:
AB489,45,1515
48.981
(7d) (pg) (title)
Citizen review panel.
AB489,151
16Section
151. 48.981 (7g) (intro.) of the statutes is created to read:
AB489,45,1917
48.981
(7g) Confidentiality; further exceptions. (intro.) Notwithstanding
18sub. (7), reports made under this section and records maintained by an agency or by
19any other person may also be disclosed as follows:
AB489,152
20Section
152. 48.981 (7m) (title) of the statutes is created to read:
AB489,45,2221
48.981
(7m) (title)
Death, serious injury, or other egregious incidents; public
22disclosure.
AB489,153
23Section
153. 48.981 (7r) (title) of the statutes is created to read:
AB489,45,2424
48.981
(7r) (title)
Further disclosure prohibited; penalties.
AB489,154
25Section
154. 48.981 (8) (a) of the statutes is amended to read:
AB489,46,22
148.981
(8) (a)
Education and training programs. The department, the county
2departments, and a licensed child welfare agency under contract with the
3department in a county having a population of 500,000 or more to
To the extent
4feasible
, agencies shall conduct continuing education and training programs for
staff
5of the department, the county departments, licensed child welfare agencies under
6contract with the department or a county department, agency staff, staff of law
7enforcement agencies
, and
the tribal social services departments, persons and
8officials required to report, the general public, and others as appropriate
and shall
9develop public information programs about child abuse and neglect and unborn child
10abuse. The programs shall be designed to encourage reporting of child abuse and
11neglect and of unborn child abuse, to encourage self-reporting and voluntary
12acceptance of services
, and to improve communication, cooperation, and
13coordination in the identification, prevention, and treatment of child abuse and
14neglect and of unborn child abuse. Programs provided for
agency staff
of the
15department, county departments, and licensed child welfare agencies under contract
16with county departments or the department whose responsibilities include the
17investigation or treatment of child abuse or neglect shall also be designed to provide
18information on means of recognizing and appropriately responding to domestic
19abuse, as defined in s. 49.165 (1) (a).
The department, the county departments, and
20a licensed child welfare agency under contract with the department in a county
21having a population of 500,000 or more shall develop public information programs
22about child abuse and neglect and about unborn child abuse.
AB489,155
23Section
155. 48.981 (8) (b) of the statutes is amended to read:
AB489,47,624
48.981
(8) (b)
Program development and coordination. The department shall
25to To the extent feasible,
the department shall ensure that there are available in the
1state administrative procedures, personnel trained in child abuse and neglect and
2in unborn child abuse, multidisciplinary programs
, and operational procedures and
3capabilities to deal effectively with child abuse and neglect cases and with unborn
4child abuse cases. These procedures and capabilities may include
, but are not limited
5to, receipt, investigation and verification of reports; determination of treatment or
6ameliorative social services; or referral to the appropriate court.
AB489,156
7Section
156. 48.981 (8) (c) of the statutes is amended to read:
AB489,47,158
48.981
(8) (c)
Contracting for programming. In meeting its responsibilities
9under par. (a) or (b),
the department, a county department or a licensed child welfare
10agency under contract with the department in a county having a population of
11500,000 or more an agency may contract with any public or private organization
12which that meets the standards set by the department. In entering into the contracts
13the department, county department or licensed child welfare an agency shall give
14priority to parental organizations combating child abuse and neglect or unborn child
15abuse.
AB489,157
16Section
157. 48.981 (8) (d) (title) of the statutes is created to read:
AB489,47,1717
48.981
(8) (d) (title)
Staff training required.
AB489,158
18Section
158. 48.981 (9) (b) 1. of the statutes is amended to read:
AB489,48,919
48.981
(9) (b) 1. Within 30 days after the end of each calendar quarter, the
20department shall prepare and transmit to the governor, and to the appropriate
21standing committees of the legislature under s. 13.172 (3), a summary report of all
22reports received by the department under sub.
(3) (c) 8. (3g) (h) 3. during the previous
23calendar quarter of abuse, as defined in s. 48.02 (1) (b) to (f), of a child who is placed
24in the home of a foster parent or relative other than a parent or in a group home,
25shelter care facility, or residential care center for children and youth. For each report
1included in the summary report the department shall provide the number of
2incidents of abuse reported; the dates of those incidents; the county in which those
3incidents occurred; the age or age group of the child who is the subject of the report;
4the type of placement in which the child was placed at the time of the incident;
5whether it was determined under sub.
(3) (c) 4. (3g) (d) that abuse occurred; and, if
6so, the nature of the relationship between the child and the person who abused the
7child, but may not provide any of the information specified in sub.
(7) (cr) 6. (7m) (f) 8or any information that would jeopardize an investigation, prosecution, or
9proceeding described in sub.
(7) (cr) 7. a. or b.
(7m) (g) 1. or 2.
AB489,159
10Section
159. 48.981 (9) (b) 2. of the statutes is amended to read:
AB489,48,2111
48.981
(9) (b) 2. In every 4th summary report prepared and transmitted under
12subd. 1., the department shall provide for all reports of abuse, as defined in s. 48.02
13(1) (b) to (f), of a child who is placed as described in subd. 1. received by the
14department under sub.
(3) (c) 8. (3g) (h) 3. during the previous year information
15indicating whether the abuse resulted in any injury, disease, or pregnancy that is
16known to be directly caused by the abuse, but may not provide any of the information
17specified in sub.
(7) (cr) 6. (7m) (f) or any information that would jeopardize an
18investigation, prosecution, or proceeding described in sub.
(7) (cr) 7. a. or b. (7m) (g)
191. or 2. A county department reporting under sub.
(3) (c) 8. (3g) (h) 3. shall make an
20active effort to obtain that information and report the information to the department
21under sub.
(3) (c) 8. (3g) (h) 3.
AB489,160
22Section
160. 48.981 (10) of the statutes is renumbered 48.981 (3f) (d) and
23amended to read:
AB489,49,3
148.981
(3f) (d)
Current list of tribal agents. The department shall annually
2provide to each agency
described in sub. (3) (bm) (intro.) a current list of all tribal
3agents in the state.
AB489,161
4Section
161. 48.983 (1) (b) 1. b. of the statutes is amended to read:
AB489,49,95
48.983
(1) (b) 1. b. An Indian child who has been the subject of a report under
6s. 48.981 about which an Indian tribe that has received a grant under this section has
7received notice, including but not limited to notice provided to a tribal agent under
8s. 48.981
(3) (3f) (bm), and with respect to whom an individual designated by the
9Indian tribe has determined that all of the conditions in subd. 2. exist.
AB489,162
10Section
162. 48.983 (6) (b) 4. of the statutes is amended to read:
AB489,49,1511
48.983
(6) (b) 4. `Nonentitlement.' No individual is entitled to any payment
12from a fund established under subd. 1. or 2. Nothing in this section shall be construed
13as requiring a county, private agency, or Indian tribe to make a determination
14described in sub. (1) (b) 2. A determination described in sub. (1) (b) 2. may not be
15construed to be a determination described in s. 48.981
(3) (c) 4. (3g) (d).
AB489,163
16Section
163. 50.065 (2) (am) 4. of the statutes is amended to read:
AB489,49,2017
50.065
(2) (am) 4. Information maintained by the department regarding any
18final determination under s. 48.981
(3) (c) 5m. (3g) (e) or, if a contested case hearing
19is held on such a determination, any final decision under s. 48.981
(3) (c) 5p. (3g) (em) 20that the person has abused or neglected a child.
AB489,164
21Section
164. 50.065 (2) (b) 4. of the statutes is amended to read:
AB489,49,2522
50.065
(2) (b) 4. Information maintained by the department regarding any final
23determination under s. 48.981
(3) (c) 5m. (3g) (e) or, if a contested case hearing is held
24on such a determination, any final decision under s. 48.981
(3) (c) 5p. (3g) (em) that
25the person has abused or neglected a child.
AB489,165
1Section
165. 50.065 (4m) (a) 4. of the statutes is amended to read:
AB489,50,52
50.065
(4m) (a) 4. That a final determination has been made under s. 48.981
3(3) (c) 5m. (3g) (e) or, if a contested case hearing is held on such a determination, a
4final decision has been made under s. 48.981
(3) (c) 5p. (3g) (em) that the person has
5abused or neglected a child.
AB489,166
6Section
166. 50.065 (4m) (b) 4. of the statutes is amended to read:
AB489,50,107
50.065
(4m) (b) 4. That a final determination has been made under s. 48.981
8(3) (c) 5m. (3g) (e) or, if a contested case hearing is held on such a determination, a
9final decision has been made under s. 48.981
(3) (c) 5p. (3g) (em) that the person has
10abused or neglected a child.
AB489,167
11Section
167. 51.30 (4) (b) 17. of the statutes is amended to read:
AB489,50,2012
51.30
(4) (b) 17. To the elder-adult-at-risk agency designated under s. 46.90
13(2) or other investigating agency under s. 46.90 for the purposes of s. 46.90 (4) and
14(5), to an agency, as defined in s. 48.981 (1) (ag), or a sheriff or police department for
15the purposes of s. 48.981 (2) and (3)
to (3m), or to the adult-at-risk agency designated
16under s. 55.043 (1d) for purposes of s. 55.043. The treatment record holder may
17release treatment record information by initiating contact with the
18elder-adult-at-risk agency, agency, as defined in s. 48.981 (1) (ag), sheriff or police
19department, or adult-at-risk agency, without first receiving a request for release of
20the treatment record.
AB489,168
21Section
168. 118.07 (5) of the statutes is amended to read:
AB489,51,422
118.07
(5) Each school board shall require every
employee of person described
23in s. 48.981 (2) (ar) 14. who is affiliated with the school district governed by the school
24board to receive training provided by the department in identifying children who
25have been abused or neglected
or who are victims of human trafficking and in the
1laws and procedures under s. 48.981 governing the reporting of suspected or
2threatened child abuse and neglect. A school district employee shall receive that
3training within the first 6 months after commencing employment with the school
4district and at least once every 5 years after that initial training.
AB489,169
5Section
169. 146.82 (2) (a) 11. and 18m. of the statutes are amended to read:
AB489,51,156
146.82
(2) (a) 11. To an agency, as defined in s. 48.981 (1) (ag), a sheriff or police
7department, or a district attorney for purposes of investigation of threatened or
8suspected child abuse or neglect or suspected unborn child abuse or for purposes of
9prosecution of alleged child abuse or neglect, if the person conducting the
10investigation or prosecution identifies the subject of the record by name. The health
11care provider may release information by initiating contact with an agency, sheriff
12or police department, or district attorney without receiving a request for release of
13the information. A person to whom a report or record is disclosed under this
14subdivision may not further disclose the report or record, except to the persons, for
15the purposes, and under the conditions specified in s. 48.981
(7) (7d), (7g), or (7m).
AB489,52,1616
18m. If the subject of the patient health care records is a child or juvenile who
17has been placed in a foster home, group home, residential care center for children and
18youth, or juvenile correctional facility or in a supervised independent living
19arrangement, including a placement under s. 48.205, 48.21, 938.205, or 938.21, or
20for whom placement in a foster home, group home, residential care center for
21children and youth, or juvenile correctional facility or in a supervised independent
22living arrangement is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c),
23or 938.33 (3) or (4),
to an agency with placement and care responsibility of the child
24or juvenile under s. 48.21 (5) (b) 1. d., 48.32 (1) (b) 1. d., 48.355 (2) (b) 6g., 48.357 (2v)
25(a) 1m., 48.43 (1) (am), 48.63 (1), 938.21 (5) (b) 1. d., 938.32 (1) (c) 1. d., 938.355 (2)
1(b) 6g., (6) (d) 1., or (6m) (a) 1g., or 938.357 (2v) (a) 1m., to an agency directed by a
2court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2),
348.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report
4under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency
5responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1)
6(c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the
7child or juvenile, to the foster parent of the child or juvenile or the operator of the
8group home, residential care center for children and youth, or juvenile correctional
9facility in which the child or juvenile is placed, or to an agency that placed the child
10or juvenile or arranged for the placement of the child or juvenile in any of those
11placements and, by any of those agencies, to any other of those agencies and, by the
12agency that placed the child or juvenile or arranged for the placement of the child or
13juvenile in any of those placements, to the foster parent of the child or juvenile or the
14operator of the group home, residential care center for children and youth, or juvenile
15correctional facility in which the child or juvenile is placed, as provided in s. 48.371
16or 938.371.
AB489,170
17Section
170. 895.442 (1) (a) of the statutes is amended to read:
AB489,52,1918
895.442
(1) (a) "Member of the clergy" has the meaning given in s. 48.981
(1)
19(cx) (2) (bm) 1d. c.
AB489,171
20Section
171. 895.442 (5) of the statutes is amended to read:
AB489,53,221
895.442
(5) Silence agreements. Any contract or agreement concerning the
22settlement of any claim under this section that limits or eliminates the right of the
23injured person to disclose the sexual contact described under sub. (2) to another
24member of the religious organization to which the member of the clergy under sub.
1(2) belongs, to a therapist, as defined in s. 895.441 (1) (e), to a person listed under s.
248.981 (2)
(a) (ar), or to a district attorney, is void.
AB489,172
3Section
172. 905.06 (4) of the statutes is amended to read:
AB489,53,74
905.06
(4) Exceptions. There is no privilege under this section concerning
5observations or information that a member of the clergy, as defined in s. 48.981
(1)
6(cx) (2) (bm) 1d. c., is required to report as suspected or threatened child abuse under
7s. 48.981 (2) (bm).
AB489,173
8Section
173. 948.03 (6) of the statutes is amended to read:
AB489,53,139
948.03
(6) Treatment through prayer. A person is not guilty of an offense
10under this section solely because he or she provides a child with treatment by
11spiritual means through prayer alone for healing in accordance with the religious
12method of healing permitted under s. 48.981
(3) (c) 4.
(3g) (d) or 448.03 (6) in lieu of
13medical or surgical treatment.