AB489: Bill Text

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.

AB489,168 Section 168. 118.07 (5) of the statutes is amended to read:

AB489,51,4 118.07 (5) Each school board shall require every employee of person described in s. 48.981 (2) (ar) 14. who is affiliated with the school district governed by the school board to receive training provided by the department in identifying children who have been abused or neglected or who are victims of human trafficking and in the laws and procedures under s. 48.981 governing the reporting of suspected or threatened child abuse and neglect. A school district employee shall receive that training within the first 6 months after commencing employment with the school district and at least once every 5 years after that initial training.

AB489,169 Section 169. 146.82 (2) (a) 11. and 18m. of the statutes are amended to read:

AB489,51,15 146.82 (2) (a) 11. To an agency, as defined in s. 48.981 (1) (ag), a sheriff or police department, or a district attorney for purposes of investigation of threatened or suspected child abuse or neglect or suspected unborn child abuse or for purposes of prosecution of alleged child abuse or neglect, if the person conducting the investigation or prosecution identifies the subject of the record by name. The health care provider may release information by initiating contact with an agency, sheriff or police department, or district attorney without receiving a request for release of the information. A person to whom a report or record is disclosed under this subdivision may not further disclose the report or record, except to the persons, for the purposes, and under the conditions specified in s. 48.981 (7) (7d), (7g), or (7m).

AB489,52,16 18m. If the subject of the patient health care records is a child or juvenile who has been placed in a foster home, group home, residential care center for children and youth, or juvenile correctional facility or in a supervised independent living arrangement, including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom placement in a foster home, group home, residential care center for children and youth, or juvenile correctional facility or in a supervised independent living arrangement is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency with placement and care responsibility of the child or juvenile under s. 48.21 (5) (b) 1. d., 48.32 (1) (b) 1. d., 48.355 (2) (b) 6g., 48.357 (2v) (a) 1m., 48.43 (1) (am), 48.63 (1), 938.21 (5) (b) 1. d., 938.32 (1) (c) 1. d., 938.355 (2) (b) 6g., (6) (d) 1., or (6m) (a) 1g., or 938.357 (2v) (a) 1m., to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child or juvenile, to the foster parent of the child or juvenile or the operator of the group home, residential care center for children and youth, or juvenile correctional facility in which the child or juvenile is placed, or to an agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements, to the foster parent of the child or juvenile or the operator of the group home, residential care center for children and youth, or juvenile correctional facility in which the child or juvenile is placed, as provided in s. 48.371 or 938.371.

AB489,170 Section 170. 895.442 (1) (a) of the statutes is amended to read:

AB489,52,19 895.442 (1) (a) "Member of the clergy" has the meaning given in s. 48.981 (1) (cx) (2) (bm) 1d. c.

AB489,171 Section 171. 895.442 (5) of the statutes is amended to read:

AB489,53,2 895.442 (5) Silence agreements. Any contract or agreement concerning the settlement of any claim under this section that limits or eliminates the right of the injured person to disclose the sexual contact described under sub. (2) to another member of the religious organization to which the member of the clergy under sub. (2) belongs, to a therapist, as defined in s. 895.441 (1) (e), to a person listed under s. 48.981 (2) (a) (ar), or to a district attorney, is void.

AB489,172 Section 172. 905.06 (4) of the statutes is amended to read:

AB489,53,7 905.06 (4) Exceptions. There is no privilege under this section concerning observations or information that a member of the clergy, as defined in s. 48.981 (1) (cx) (2) (bm) 1d. c., is required to report as suspected or threatened child abuse under s. 48.981 (2) (bm).

AB489,173 Section 173. 948.03 (6) of the statutes is amended to read:

AB489,53,13 948.03 (6) Treatment through prayer. A person is not guilty of an offense under this section solely because he or she provides a child with treatment by spiritual means through prayer alone for healing in accordance with the religious method of healing permitted under s. 48.981 (3) (c) 4. (3g) (d) or 448.03 (6) in lieu of medical or surgical treatment.

AB489,53,14 (End)