AB489,18,2 23b. Within 24 hours after receiving a report under par. (a) sub. (3) of suspected
24unborn child abuse, the agency, in accordance with that authority, shall initiate a

1diligent investigation to determine if the unborn child is in need of protection or
2services.
AB489,18,8 3c. An investigation under this subd. 1. a. or b. shall be conducted in accordance
4with the authority granted to the department under s. 48.48 (17) (a) 1. or the county
5department under s. 48.57 (1) (a) and
in accordance with standards established by
6the department for conducting child abuse and neglect investigations or unborn child
7abuse investigations. Notwithstanding s. 227.10 (1), the department need not
8promulgate those standards as rules under ch. 227.
AB489,43 9Section 43. 48.981 (3) (c) 1. b. of the statutes is renumbered 48.981 (3g) (a) 2.
10and amended to read:
AB489,19,411 48.981 (3g) (a) 2. If the investigation is of a report of child abuse or neglect or
12of threatened child abuse or neglect by a caregiver specified in sub. (1) (am) 5. to 8.
13who continues to have access to the child or a caregiver specified in sub. (1) (am) 1.
14to 4., or of a report that does not disclose who is suspected of the child abuse or neglect
15and in which the investigation does not disclose who abused or neglected the child,
16the investigation shall also include observation of or an interview with the child, or
17both, and, if possible, an interview with the child's parents, guardian, or legal
18custodian. If the investigation is of a report of child abuse or neglect or threatened
19child abuse or neglect by a caregiver who continues to reside in the same dwelling
20as the child, the investigation shall also include, if possible, a visit to that dwelling.
21At the initial visit to the child's dwelling, the person making the investigation shall
22identify himself or herself and the agency involved to the child's parents, guardian,
23or legal custodian. The agency may contact, observe, or interview the child at any
24location without permission from the child's parent, guardian, or legal custodian if
25necessary to determine if the child is in need of protection or services , except that the

1person making the investigation may enter a child's dwelling only with permission
2from the child's parent, guardian, or legal custodian or after obtaining a court order
3permitting the person to do so
to the extent permitted under the U.S. Constitution
4and the Wisconsin Constitution
.
AB489,44 5Section 44. 48.981 (3) (c) 2. of the statutes is renumbered 48.981 (3g) (b).
AB489,45 6Section 45. 48.981 (3) (c) 2m. of the statutes is renumbered 48.981 (3g) (bm).
AB489,46 7Section 46. 48.981 (3) (c) 3. of the statutes is renumbered 48.981 (3g) (c) and
8amended to read:
AB489,19,229 48.981 (3g) (c) Offer of services; filing of petitions. If the county department or,
10in a county having a population of 500,000 or more, the department or a licensed child
11welfare agency under contract with the department
agency determines that a child,
12any member of the child's family, or the child's guardian or legal custodian is in need
13of services or that the expectant mother of an unborn child is in need of services, the
14county department, department or licensed child welfare agency shall offer to
15provide appropriate services or to make arrangements for the provision of services.
16If the child's parent, guardian, or legal custodian or the expectant mother refuses to
17accept the services, the county department, department or licensed child welfare
18agency may request that a petition be filed under s. 48.13 alleging that the child who
19is the subject of the report or any other child in the home is in need of protection or
20services or that a petition be filed under s. 48.133 alleging that the unborn child who
21is the subject of the report is in need of protection or services. The agency may also
22petition for child abuse restraining orders and injunctions under s. 48.25 (6).
AB489,47 23Section 47. 48.981 (3) (c) 4. of the statutes is renumbered 48.981 (3g) (d) and
24amended to read:
AB489,20,16
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.
AB489,48 17Section 48. 48.981 (3) (c) 5. of the statutes is renumbered 48.981 (3g) (h) 1.
AB489,49 18Section 49. 48.981 (3) (c) 5m. of the statutes is renumbered 48.981 (3g) (e) and
19amended to read:
AB489,21,1020 48.981 (3g) (e) Right to appeal determination. 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
An agency may include in a
23determination under subd. 4. par. (d) a determination that a specific person has
24abused or neglected a child. If the county department, department, or licensed child
25welfare
agency makes an initial determination that a specific person has abused or

1neglected a child, the county department, department, or licensed child welfare
2agency shall provide that person with an opportunity for a review of that initial
3determination in accordance with rules promulgated by the department before the
4county department, department, or licensed child welfare agency may make a final
5determination that the person has abused or neglected a child. Within 5 days after
6the date of a final determination that a specific person has abused or neglected a
7child, the county department, department, or licensed child welfare agency shall
8notify the person in writing of the determination, the person's right to a contested
9case hearing on the determination under ch. 227, and the procedures under sub. 5p.
10par. (em) by which the person may receive that hearing.
AB489,50 11Section 50. 48.981 (3) (c) 5p. of the statutes is renumbered 48.981 (3g) (em)
12and amended to read:
AB489,22,513 48.981 (3g) (em) Right to contested case hearing. A person who is the subject
14of a final determination under subd. 5m. par. (e) that the person has abused or
15neglected a child has the right to a contested case hearing on that determination
16under ch. 227. To receive that hearing, the person must send to the department a
17written request for a hearing under s. 227.44 within 10 days after the date of the
18notice under subd. 5m. par. (e) of the determination. The department shall
19commence the hearing within 90 days after receipt of the request for the hearing,
20unless the hearing is rescheduled on the request of the person requesting the hearing
21or the contested case proceeding is held in abeyance as provided in this subdivision
22paragraph, and shall issue a final decision within 60 days after the close of the
23hearing. Judicial review of the final administrative decision following the hearing
24may be had by any party to the contested case proceeding as provided in ch. 227. The
25person presiding over a contested case proceeding under this subdivision paragraph

1may hold the hearing in abeyance pending the outcome of any criminal investigation
2or
proceedings or any investigation or proceedings under s. 48.13 based on the
3alleged abuse or neglect or the outcome of any investigation that may lead to the
4filing of a criminal complaint or a petition under s. 48.13 based on the alleged abuse
5or neglect
.
AB489,51 6Section 51. 48.981 (3) (c) 5r. of the statutes is renumbered 48.981 (3g) (h) 2.
7and amended to read:
AB489,22,168 48.981 (3g) (h) 2. Within 15 days after a final determination is made under
9subd. 5m. par. (e) that a specific person has abused or neglected a child or, if a
10contested case hearing is held on such a determination, within 15 days after a final
11decision is made under subd. 5p. par. (em) determining that a specific person has
12abused or neglected a child, 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 provide the subunit of the
15department that administers s. 48.685 with information about the person who has
16been determined to have abused or neglected the child.
AB489,52 17Section 52. 48.981 (3) (c) 6. of the statutes is renumbered 48.981 (3g) (f) and
18amended to read:
AB489,22,2319 48.981 (3g) (f) Action taken; information to mandatory reporter. The agency
20shall, within
Within 60 days after it receives receiving a report from a person
21required under sub. (2) to report, the agency shall inform the reporter what action,
22if any, was taken to protect the health and welfare of the child or unborn child who
23is the subject of the report.
AB489,53 24Section 53. 48.981 (3) (c) 6m. of the statutes is renumbered 48.981 (3g) (fm)
25and amended to read:
AB489,23,20
148.981 (3g) (fm) Action taken; information to relative. If a person who is not
2required under sub. (2) to report makes a report and is
a relative of the child, other
3than the child's parent, or is a relative of the expectant mother of the unborn child
4makes a report under sub. (2) (c) or (d), that person may make a written request to
5the agency for information regarding what action, if any, was taken to protect the
6health and welfare of the child or unborn child who is the subject of the report. An
7agency that receives a written request under this subdivision shall, within
Within
860 days after it receives receiving the report or 20 days after it receives receiving the
9written request, whichever is later, inform the reporter in writing of what action, if
10any, was taken to protect the health and welfare of the child or unborn child
the
11agency shall disclose that information to the re   quester
, unless a court order
12prohibits that disclosure, and shall inform the requester of the duty to keep the
13information confidential under sub. (7) (e) (7r) (a) and of the penalties for failing to
14do so under sub. (7) (f) (7r) (b). The agency may petition the court ex parte for an order
15prohibiting that disclosure and, if the agency does so, the time period within which
16the information must be disclosed is tolled on from the date the petition is filed and
17remains tolled
until the court issues a decision. The court may hold an ex parte
18hearing in camera and shall issue an order granting the petition if the court
19determines that disclosure of the information would not be in the best interests of the
20child or unborn child.
AB489,54 21Section 54. 48.981 (3) (c) 7. of the statutes is renumbered 48.981 (3g) (g)
22(intro.) and amended to read:
AB489,24,223 48.981 (3g) (g) Cooperation and coordination. (intro.) The county department
24or, in a county having a population of 500,000 or more, the department or a licensed

1child welfare agency under contract with the department
Each agency shall
2cooperate do all of the following:
AB489,24,7 31. Cooperate with law enforcement officials, courts of competent jurisdiction,
4tribal governments, and other human services agencies to prevent, identify, and
5treat child abuse and neglect and unborn child abuse. The county department or, in
6a county having a population of 500,000 or more, the department or a licensed child
7welfare agency under contract with the department shall coordinate
AB489,24,14 82. Coordinate the development and provision of services to abused and
9neglected children and their families, to abused unborn children to families in which
10child abuse or neglect has occurred, to
and their expectant mothers who have abused
11their unborn children,
, and to children and families or expectant mothers when
12circumstances justify a belief that abuse or neglect or unborn child abuse will occur
13and to the expectant mothers of unborn children when circumstances justify a belief
14that unborn child abuse will occur
.
AB489,55 15Section 55. 48.981 (3) (c) 8. of the statutes is renumbered 48.981 (3g) (h) 3. and
16amended to read:
AB489,25,517 48.981 (3g) (h) 3. Using the format prescribed by the department, each county
18department shall provide the department with information about each report that
19the county department receives or that is received by or a licensed child welfare
20agency that is under contract with the county department receives and about each
21investigation that the county department or a licensed child welfare agency under
22contract with the county department
conducts. Using the format prescribed by the
23department, a licensed child welfare agency under contract with the department
24shall provide the department with information about each report that the child
25welfare agency receives and about each investigation that the child welfare agency

1conducts. The department shall use the information to monitor services provided by
2those county departments or licensed child welfare agencies under contract with
3county departments or the department
. The department shall use nonidentifying
4information to maintain statewide statistics on child abuse and neglect and on
5unborn child abuse, and for planning and policy development purposes.
AB489,56 6Section 56. 48.981 (3) (c) 9. of the statutes is repealed.
AB489,57 7Section 57. 48.981 (3) (cm) of the statutes is renumbered 48.981 (3h) and
8amended to read:
AB489,25,179 48.981 (3h) Contract with licensed child welfare agencies. A county
10department may contract with a licensed child welfare agency to fulfill the county
11department's duties specified under par. (c) 1., 2. b., 2m. b., 5., 5r., 6., 6m., and 8. sub.
12(3g) (a), (b) 2., (bm) 2., (f), (fm), and (h) 1., 2., and 3.
The department may contract
13with a licensed child welfare agency to fulfill any of the department's duties specified
14under par. (c) 1., 2. a., 2m. b., 3., 4., 5., 5m., 5r., 6., 6m., 7., 8,. and 9. sub. (3g) in a
15county having a population of 500,000 750,000 or more. The confidentiality
16provisions specified in sub. subs. (7) to (7r) shall apply to any licensed child welfare
17agency with which a county department or the department contracts.
AB489,58 18Section 58. 48.981 (3) (d) of the statutes is renumbered 48.981 (3j), and 48.981
19(3j) (a) and (b), as renumbered, are amended to read:
AB489,25,2520 48.981 (3j) (a) Definition. In this paragraph subsection, "agent" includes a
21foster parent or other person given custody of a child or a human services
22professional employed by a county department under s. 51.42 or 51.437 or by a child
23welfare agency who is working with a child or an expectant mother of an unborn child
24under contract with or under the supervision of the department in a county having
25a population of 500,000 or more or a county department under s. 46.22.
AB489,26,16
1(b) Investigation; powers and duties. If an agent or employee of an agency
2required to investigate under this subsection sub. (3g) is the subject of a report, or
3if the agency determines that, because of the relationship between the agency and
4the subject of a report, there is a substantial probability that the agency would not
5conduct an unbiased investigation, the agency shall, after taking any action
6necessary to protect the child or unborn child, notify the department. Upon receipt
7of the notice, the department, in a county having a population of less than 500,000
8750,000, or a county department or child welfare agency designated by the
9department in any county shall conduct an independent investigation. If the
10department designates a county department under s. 46.22, 46.23, 51.42 , or 51.437,
11that county department shall conduct the independent investigation. If a licensed
12child welfare agency agrees to conduct the independent investigation, the
13department may designate the child welfare agency to do so. The powers and duties
14of the department or designated county department or child welfare agency making
15an independent investigation are those given to county departments agencies under
16par. (c) sub. (3g).
AB489,59 17Section 59. 48.981 (3d) (a) (title) of the statutes is created to read:
AB489,26,1818 48.981 (3d) (a) (title) Immediate investigation on request.
AB489,60 19Section 60. 48.981 (3d) (b) (title) of the statutes is created to read:
AB489,26,2020 48.981 (3d) (b) (title) Taking child into custody.
AB489,61 21Section 61. 48.981 (3d) (bm) (title) of the statutes is created to read:
AB489,26,2222 48.981 (3d) (bm) (title) Taking expectant mother into custody.
AB489,62 23Section 62. 48.981 (3d) (c) (title) of the statutes is created to read:
AB489,26,2424 48.981 (3d) (c) (title) Referral for criminal prosecution.
AB489,63 25Section 63. 48.981 (3f) (title) and (a) (intro.) of the statutes are created to read:
AB489,27,2
148.981 (3f) (title) Notice of report to tribal agent. (a) Definitions. (intro.)
2In this subsection:
AB489,64 3Section 64. 48.981 (3g) (a) (title) of the statutes is created to read:
AB489,27,44 48.981 (3g) (a) (title) Evaluation and investigation of report.
AB489,65 5Section 65. 48.981 (3g) (b) (title) of the statutes is created to read:
AB489,27,66 48.981 (3g) (b) (title) Taking child into custody.
AB489,66 7Section 66. 48.981 (3g) (bm) (title) of the statutes is created to read:
AB489,27,88 48.981 (3g) (bm) (title) Taking expectant mother into custody.
AB489,67 9Section 67. 48.981 (3g) (h) (title) of the statutes is created to read:
AB489,27,1010 48.981 (3g) (h) (title) Records; information to department.
AB489,68 11Section 68. 48.981 (3m) (a) (title) of the statutes is created to read:
AB489,27,1212 48.981 (3m) (a) (title) Definition.
AB489,69 13Section 69. 48.981 (3m) (b) (title) of the statutes is created to read:
AB489,27,1414 48.981 (3m) (b) (title) Establishment of program.
AB489,70 15Section 70. 48.981 (3m) (b) 1. of the statutes is amended to read:
AB489,27,2016 48.981 (3m) (b) 1. Guidelines for determining the appropriate alternative
17response to a report of abuse or neglect or of threatened abuse or neglect, including
18guidelines for determining what types of abuse or neglect or threatened abuse or
19neglect constitute substantial abuse or neglect. The Notwithstanding s. 227.10 (1),
20the
department need not promulgate those guidelines as rules under ch. 227.
AB489,71 21Section 71. 48.981 (3m) (c) (intro.) of the statutes is amended to read:
AB489,28,222 48.981 (3m) (c) Alternative responses. (intro.) Immediately after receiving a
23report under sub. (3) (a), an agency or county department that is participating in the
24pilot program shall evaluate the report to determine the most appropriate

1alternative response under subds. 1. to 3. to the report. Based on that evaluation,
2the agency or county department shall respond to the report as follows:
AB489,72 3Section 72. 48.981 (3m) (c) 1. of the statutes is amended to read:
AB489,28,144 48.981 (3m) (c) 1. If the agency or county department determines that there
5is reason to suspect that substantial abuse or neglect has occurred or is likely to occur
6or that an investigation under sub. (3) (3g) is otherwise necessary to ensure the safety
7of the child and his or her family, the agency or county department shall investigate
8the report as provided in sub. (3) (3g). If in conducting that investigation the agency
9or county department determines that it is not necessary for the safety of the child
10and his or her family to complete the investigation, the agency or county department
11may terminate the investigation and conduct an assessment under subd. 2. If the
12agency or county department terminates an investigation, the agency or county
13department shall document the reasons for terminating the investigation and notify
14any law enforcement agency that is cooperating in the investigation.
AB489,73 15Section 73. 48.981 (3m) (c) 2. b. of the statutes is amended to read:
AB489,29,216 48.981 (3m) (c) 2. b. If the agency or county department employs the
17assessment response under subd. 2. a., the agency or county department is not
18required to refer the report to the sheriff or police department under sub. (3) (a) 3.
19(cg) or determine by a preponderance of the evidence under sub. (3) (c) 4. (3g) (d) that
20abuse or neglect has occurred or is likely to occur or that a specific person has abused
21or neglected the child. If in conducting the assessment the agency or county
22department determines that there is reason to suspect that substantial abuse or
23neglect has occurred or is likely to occur or that an investigation under sub. (3) (3g)
24is otherwise necessary to ensure the safety of the child and his or her family, the

1agency or county department shall immediately commence an investigation under
2sub. (3) (3g).
AB489,74 3Section 74. 48.981 (3m) (c) 3. of the statutes is amended to read:
AB489,29,134 48.981 (3m) (c) 3. If the agency or county department determines that there
5is no reason to suspect that abuse or neglect has occurred or is likely to occur, the
6agency or county department shall refer the child's family to a service provider in the
7community for the provision of appropriate services on a voluntary basis. If the
8agency or county department employs the community services response under this
9subdivision, the agency or county department is not required to conduct an
10assessment under subd. 2., refer the report to the sheriff or police department under
11sub. (3) (a) 3. (cg), or determine by a preponderance of the evidence under sub. (3) (c)
124.
(3g) (d) that abuse or neglect has occurred or is likely to occur or that a specific
13person has abused or neglected the child.
AB489,75 14Section 75. 48.981 (3m) (d) of the statutes is repealed.
AB489,76 15Section 76. 48.981 (5) of the statutes is amended to read:
AB489,29,2416 48.981 (5) Coroner's report. Any person or official required to report cases of
17suspected child abuse or neglect who has reasonable cause to suspect that a child
18died as a result of child abuse or neglect shall report the fact to the appropriate
19medical examiner or coroner. The medical examiner or coroner shall accept the
20report for investigation and shall report the findings to the appropriate district
21attorney; to the department or, in a county having a population of 500,000 or more,
22to a licensed child welfare agency under contract with the department in a county
23having a population of 750,000 or more
; to the county department ; to the department;
24and, if the institution making the report initially is a hospital, to the hospital.
AB489,77
1Section 77. 48.981 (7) (a) (intro.) of the statutes is renumbered 48.981 (7) and
2amended to read:
AB489,30,73 48.981 (7) Confidentiality. All reports made under this section, notices
4provided under sub. (3) (3f) (bm) , and records maintained by an agency and other
5persons, officials, and institutions shall be confidential. Reports and records may be
6disclosed only to the following persons:
No report may be disclosed, except as
7provided in subs. (3f) (c), (7d), (7g), and (7m).
AB489,78 8Section 78. 48.981 (7) (a) 1. of the statutes is renumbered 48.981 (7d) (a).
AB489,79 9Section 79. 48.981 (7) (a) 1m. of the statutes is renumbered 48.981 (7g) (am)
10and amended to read:
AB489,30,1811 48.981 (7g) (am) Request of reporter. A reporter described in sub. (3) (c) 6m. (3g)
12(fm)
who makes a written request to an agency for information regarding what
13action, if any, was taken to protect the health and welfare of the child or unborn child
14who is the subject of the report, unless a court order under sub. (3) (c) 6m. (3g) (fm)
15prohibits disclosure of that information to that reporter, except that the only
16information that may be disclosed is information in the record regarding what action,
17if any, was taken to protect the health and welfare of the child or unborn child who
18is the subject of the report.
AB489,80 19Section 80. 48.981 (7) (a) 2. of the statutes is renumbered 48.981 (7d) (b).
AB489,81 20Section 81. 48.981 (7) (a) 2m. of the statutes is renumbered 48.981 (7g) (bm)
21and amended to read:
AB489,30,2422 48.981 (7g) (bm) Intake or dispositional staff. A person authorized to provide
23or providing intake or dispositional services for the court under s. 48.067, 48.069 or,
2448.10, 938.067, 938.069, or 938.10.
AB489,82 25Section 82. 48.981 (7) (a) 2r. of the statutes is repealed.
AB489,83
1Section 83. 48.981 (7) (a) 3. of the statutes is renumbered 48.981 (7d) (c).
AB489,84 2Section 84. 48.981 (7) (a) 3m. of the statutes is renumbered 48.981 (7d) (cm).
AB489,85 3Section 85. 48.981 (7) (a) 4. of the statutes is renumbered 48.981 (7d) (d) and
4amended to read:
AB489,31,95 48.981 (7d) (d) Foster parent or other physical custodian. A child's foster parent
6or other person having physical custody of the child or a person having physical
7custody of the expectant mother of an unborn child, except that the person or agency
8maintaining the record or report may not disclose any information that would
9identify the reporter.
AB489,86 10Section 86. 48.981 (7) (a) 4m. of the statutes is renumbered 48.981 (7d) (dm)
11and amended to read:
AB489,31,1712 48.981 (7d) (dm) Relative. A relative of a child placed outside of his or her home
13only to the extent necessary to facilitate the establishment of a relationship between
14the child and the relative or a placement of the child with the relative or to a person
15provided with the notice under s. 48.21 (5) (e), 48.355 (2) (cm), or 48.357 (2v) (d). In
16this subdivision paragraph, "relative" includes a relative whose relationship is
17derived through a parent of the child whose parental rights are terminated.
AB489,87 18Section 87. 48.981 (7) (a) 4p. of the statutes is renumbered 48.981 (7d) (dp).
AB489,88 19Section 88. 48.981 (7) (a) 5. of the statutes is renumbered 48.981 (7d) (e) and
20amended to read:
AB489,32,221 48.981 (7d) (e) Community programs and developmental disability services
22professionals.
A professional employee of a county department under s. 51.42 or
2351.437 who is working with the child or the expectant mother of the unborn child
24under a contract with or under the supervision of the county department under s.

146.22 or, in a county having a population of 500,000 or more, the department or a
2licensed child welfare agency under contract with the department
an agency.
AB489,89 3Section 89. 48.981 (7) (a) 6. of the statutes is renumbered 48.981 (7d) (f) and
4amended to read:
AB489,32,85 48.981 (7d) (f) Multidisciplinary team. A multidisciplinary child abuse and
6neglect or unborn child abuse team recognized by the county department or, in a
7county having a population of 500,000 or more, the department or a licensed child
8welfare agency under contract with the department
agency.
AB489,90 9Section 90. 48.981 (7) (a) 6m. of the statutes is renumbered 48.981 (7d) (fm)
10and amended to read:
Loading...
Loading...