48.981(8)(d)1.1. Each county department or licensed child welfare agency under contract with a county department staff member and supervisor whose responsibilities include investigation or treatment of child abuse and neglect shall successfully complete training in child abuse and neglect protective services approved by the department. The department shall monitor compliance with this subdivision according to rules promulgated by the department.
48.981(8)(d)2.
2. Each year the department shall make available training programs that permit intake workers and county department or licensed child welfare agency under contract with a county department staff members and supervisors to satisfy the requirements under
subd. 1. and
s. 48.06 (1) (am) 3. and
(2) (c).
48.981(9)
(9) Annual reports. Annually, the department shall prepare and transmit to the governor, and to the legislature under
s. 13.172 (2), a report on the status of child abuse and neglect programs. The report shall include a full statistical analysis of the child abuse and neglect reports made through the last calendar year, an evaluation of services offered under this section and their effectiveness, and recommendations for additional legislative and other action to fulfill the purpose of this section. The department shall provide statistical breakdowns by county, if requested by a county.
48.981(10)
(10) Current list of tribal agents. The department shall annually provide to each county department described in
sub. (3) (bm) (intro.) a current list of all tribal agents in the state.
48.981 History
History: Sup. Ct. Order, 59 W (2d) R1, R3 (1973);
1977 c. 355;
1977 c. 447 s.
210;
1979 c. 300;
1983 a. 172,
190,
299,
538;
1985 a. 29 ss.
917 to
930m,
3200 (56);
1985 a. 176,
234;
1987 a. 27,
186,
209;
1987 a. 332 s.
64;
1987 a. 334,
355,
399,
403;
1989 a. 31,
41,
102,
316,
359;
1991 a. 160,
263;
1993 a. 16,
105,
218,
227,
230,
246,
272,
318,
395,
443,
446,
491;
1995 a. 275,
289,
369,
456.
48.981 Annotation
See note to Art. I, sec. 11, citing State v. Boggess, 115 W (2d) 443, 340 NW (2d) 516 (1983).
48.981 Annotation
Section 48.981, 1983 stats., is not unconstitutionally vague. State v. Hurd, 135 W (2d) 266, 400 NW (2d) 42 (Ct. App. 1986).
48.981 Annotation
Immunity under sub. (4) extends to reporters who report the necessary information to another who they expect to and who does report to proper authorities. Investigating the allegation prior to reporting does not run afoul of the immediate reporting requirement of sub. (3) and does not affect immunity. Allegations of negligence by reporters are not sufficient to challenge the good faith requirement of sub. (4). Phillips v. Behnke, 192 W (2d) 552, 531 NW (2d) 619 (Ct. App. 1995).
48.981 Annotation
Duty to report suspected cases of child abuse or neglect under 48.981 (3) (a) prevails over any inconsistent terms in 51.30. 68 Atty. Gen. 342.
48.981 Annotation
Consensual sexual conduct involving sixteen and seventeen year old children does not constitute child abuse.
72 Atty. Gen. 93.
48.981 Annotation
Medical or mental health professional may report suspected child abuse under the permissive provisions of (2) when abuser, rather than victim, is seen in the course of professional duties. 51.30 doesn't bar such reports made in good faith.
76 Atty. Gen. 39.
48.981 AnnotationContracting out for services under this section discussed.
76 Atty. Gen. 286.
48.981 AnnotationDisclosure under (7) (a) 1 and (c) is mandatory.
77 Atty. Gen. 84.
48.981 Annotation
Discussion of responsibility of county departments of social services to investigate allegations of child abuse and neglect. Department staff members may interview child on public school property, and may exclude school personnel from interview. School personnel cannot condition on-site interviews on notification of child's parents.
79 Atty. Gen. 48.
48.981 Annotation
A district attorney or corporation counsel may reveal the contents of a report made under s. 48.981 in the course of a criminal prosecution or one of the civil proceedings enumerated under sub. (7) (a) 10.
81 Atty. Gen. 66.
48.981 Annotation
See note to Art. I, sec. 3, citing New York v. Ferber, 458 US 747 (1982).
48.981 Annotation
See note to Art. I, sec. 7, citing Pennsylvania v. Ritchie, 480 US 39 (1987).
48.981 Annotation
This section does not authorize a private cause of action for failure to report. Isley v. Capucian Province, 880 F Supp. 1138 (1995).
48.982
48.982
Child abuse and neglect prevention board. 48.982(1)(bm)
(bm) "Cultural competency" means the ability of an individual or organization to understand and act respectfully toward, in a cultural context, the beliefs, interpersonal styles, attitudes and behaviors of persons and families of various cultures, including persons and families of various cultures who participate in services from the individual or organization and persons of various cultures who provide services for the individual or organization.
48.982(1)(d)
(d) "Organization" means a nonprofit organization, as defined under
s. 108.02 (19), or a public agency which provides or proposes to provide child abuse and neglect prevention and intervention services or parent education.
48.982(2)
(2) Powers and duties. The board shall:
48.982(2)(a)
(a) Biennially, develop and transmit to the governor and the presiding officer of each house of the legislature a plan for awarding grants to organizations. The plan shall assure that there is an equal opportunity for establishment of child abuse and neglect prevention programs, early childhood family education centers and right from the start projects. The plan shall also ensure that the grants will be distributed throughout all geographic areas of the state and in both urban and rural communities. For grants provided under
sub. (6), the plan shall also ensure that the grants are distributed based on population.
48.982(2)(b)
(b) Develop and publicize criteria for grant applications.
48.982(2)(c)
(c) Review and approve or disapprove grant applications and monitor the services provided under each grant awarded under
subs. (4),
(6) and
(7).
48.982(2)(d)
(d) Solicit and accept contributions, grants, gifts and bequests for the children's trust fund or for any other purpose for which a contribution, grant, gift or bequest is made and received. Moneys received under this paragraph may be deposited in the appropriation accounts under
s. 20.433 (1) (i),
(q) or
(r).
48.982(2)(e)
(e) Include as part of its annual report under
s. 15.07 (6) the names and locations of organizations receiving grants, the amounts provided as grants, the services provided by grantees and the number of persons served by each grantee.
48.982(2)(f)
(f) Establish a procedure for an annual evaluation of its functions, responsibilities and performance. In a year in which the biennial plan under
par. (a) is prepared, the evaluation shall be coordinated with the plan.
48.982(2)(g)
(g) In coordination with the departments of health and family services and education:
48.982 Note
NOTE: Par. (g) (intro.) is shown as amended by
1995 Wis. Act 27. The treatment by Act 27 s. 2622 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Par. (g) (intro.), as not affected by
1995 Wis. Act 27 s.
2622, reads as follows:
Effective date text
(g) In coordination with the departments of health and family services and public instruction:
48.982(2)(g)1.
1. Recommend to the governor, the legislature and state agencies changes needed in state programs, statutes, policies, budgets and rules to reduce the problems of child abuse and neglect, improve coordination among state agencies that provide prevention services and improve the condition of children and persons responsible for children who are in need of prevention program services.
48.982(2)(g)2.
2. Promote statewide educational and public informational seminars for the purpose of developing public awareness of the problems of child abuse and neglect.
48.982(2)(g)3.
3. Encourage professional persons and groups to recognize and deal with problems of child abuse and neglect.
48.982(2)(g)4.
4. Disseminate information about the problems of child abuse and neglect to the public and to organizations concerned with those problems.
48.982(2)(g)5.
5. Encourage the development of community child abuse and neglect prevention programs.
48.982(2)(gm)
(gm) Provide, for use by the board in its statewide projects under
sub. (5) and for use by organizations that receive grants under
subs. (4),
(6) and
(7), educational and public informational materials and programming that emphasize the role of fathers in the primary prevention of child abuse and neglect.
48.982(2m)
(2m) Donation uses. If money is accepted by the board for the children's trust fund or for any other purpose under
sub. (2) (d), the board shall use the money in accordance with the wishes of the donor to do any of the following:
48.982(3)
(3) Staff and salaries. The board shall determine the qualifications of and appoint, in the classified service, an executive director and staff. The salaries of the executive director and staff and all actual and necessary operating expenses of the board shall be paid from the appropriations under
s. 20.433 (1) (g),
(i),
(k),
(m) and
(r).
48.982(4)(a)(a) From the appropriations under
s. 20.433 (1) (h),
(i),
(k),
(m) and
(q), the board shall award grants to organizations in accordance with the plan developed under
sub. (2) (a). In each of the first 2 fiscal years in which grants are awarded, no organization may receive a grant or grants totaling more than $15,000.
48.982(4)(b)
(b) A grant may be awarded only to an organization that agrees to match the grant, through money or in-kind services, as follows:
48.982(4)(b)1.
1. During the first year of the grant, at least 25% of the amount received for that year.
48.982(4)(b)2.
2. During the 2nd and subsequent years of a grant, at least 50% of the amount received for each year.
48.982(4)(c)
(c) Each grant application shall include proof of the organization's ability to comply with
par. (b). Any in-kind services proposed under
par. (b) are subject to the approval of the board.
48.982(4)(d)
(d) The board shall award grants to organizations for programs for the primary prevention of child abuse and neglect, including, but not limited to:
48.982(4)(d)1.
1. Programs to promote public awareness of the need for the prevention of child abuse and neglect.
48.982(4)(d)2.
2. Community-based programs on education for parenting, prenatal care, perinatal bonding, child development, care of children with special needs and coping with family stress.
48.982(4)(d)3.
3. Community-based programs relating to crisis care, early identification of children at risk of child abuse or neglect, and education, training and support groups for parents, children and families.
48.982(4)(e)
(e) In determining which organizations shall receive grants, the board shall consider whether the applicant's proposal will further the coordination of child abuse and neglect services between the organization and other resources, public and private, in the community and the state.
48.982(5)
(5) Statewide projects. From the appropriations under
s. 20.433 (1) (i) and
(r), the board shall administer any statewide project for which it has accepted money under
sub. (2m) (c).
48.982(6)
(6) Award of early childhood family education center grants. 48.982(6)(a)(a) From the appropriations under
s. 20.433 (1) (b),
(h),
(i),
(k),
(ma) and
(q), the board shall award grants to organizations in accordance with the request-for-proposal procedures developed under
sub. (2) (a). No organization may receive a grant or grants under this subsection totaling more than $75,000 in any year.
48.982(6)(am)
(am) Notwithstanding the geographical and urban and rural distribution requirements under
sub. (2) (a), the board shall allocate $75,000 from the appropriation under
s. 20.433 (1) (h) in each fiscal year for the awarding of grants, in accordance with the request-for-proposal procedures developed under
sub. (2) (a), to organizations located in counties with a population of 500,000 or more.
48.982(6)(b)
(b) A grant may be awarded only to an organization that agrees to make a 20% match to the grant, through either money or in-kind services.
48.982(6)(c)
(c) Each grant application shall include proof of the organization's ability to comply with
par. (b). Any in-kind services proposed under
par. (b) are subject to the approval of the board.
48.982(6)(d)
(d) The board shall award grants to organizations for programs that provide parenting education services but not crisis intervention. Grants shall be used for direct parent education and referrals to other social services programs and outreach programs, including programs that provide education to parents in their homes. Programs supported by the grants shall track individual clients to ensure that they receive necessary services and shall emphasize direct services to families with children who are 3 years of age or less.
48.982(6)(e)
(e) Grants awarded under this subsection may not supplant any other funding for parenting education.
48.982(6)(f)
(f) By March 1, 1991, the board shall submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees on children, in the manner provided in
s. 13.172 (3). The report shall include all of the following information about grants made under this subsection:
48.982(6)(f)4.
4. Whether or not each grant recipient achieved its stated goals.
48.982(7)
(7) Award of right from the start grants. 48.982(7)(b)
(b) A grant may be awarded only to an organization that agrees to make a 30% match to the grant, through either money or in-kind services.
48.982(7)(c)
(c) Each grant application shall include proof of the organization's ability to comply with
par. (b). Any in-kind services proposed under
par. (b) are subject to the approval of the board.
48.982(7)(d)
(d) Each grant application shall include proof that the organization has the cultural competency to provide services under the grant to persons and families in the various cultures in the organization's target population and that cultural competency is incorporated in the organization's policies, administration and practices. Each grant application shall also include proof of the organization's ability to do all of the following:
48.982(7)(d)1.
1. Maximize the coordination of new and existing family support, educational and health services and minimize the duplication of those services by coordinating and collaborating with other organizations in the planning and provision of the organization's right from the start project.
48.982(7)(d)2.
2. Provide programs that identify and build on a family's strengths and that encourage a family to become independent from the organization's right from the start project and other human services programs.
48.982(7)(d)4.
4. Provide or coordinate the provision of the community-based outreach, educational and family support services of an early childhood family education center.
48.982(7)(e)
(e) The board shall award grants to organizations for programs that provide parenting education services but not crisis intervention. A program supported by a grant shall provide culturally competent outreach services to persons who are the parents of a newborn infant. A program supported by a grant shall emphasize direct services to families with children who are 3 years of age or less and shall provide or coordinate the provision of the community-based outreach, educational and family support services of an early childhood family education center. The board shall provide technical assistance to organizations receiving grants under this subsection.
48.982(7)(f)
(f) Grants awarded under this subsection may not supplant any other funding for parenting education.
48.982(7)(fg)
(fg) An organization that receives a grant under this subsection and under
sub. (6) may not use the grant moneys received under this subsection to provide any services that the organization provides under the grant received under
sub. (6).
48.982(7)(g)
(g) By September 1, 1995, the board shall submit a report to the appropriate standing committees under
s. 13.172 (3). The report shall include all of the following information about grants made under this subsection:
48.982(7)(g)4.
4. Whether or not each grant recipient achieved its stated goals.
48.982(7)(h)
(h) The board shall conduct an evaluation of the effectiveness of the right from the start grant program under this subsection in achieving its stated goals and, by January 2, 1997, submit a report on that evaluation to the appropriate standing committees under
s. 13.172 (3).
