48.978(5)(a)1.1. A determination that a parent has recovered or is in remission from his or her incapacity or debilitation shall be in writing, shall be made to a reasonable degree of medical certainty by an attending physician and shall contain the opinion of the attending physician regarding the extent and probable duration of the recovery or remission.
48.978(5)(a)2.
2. If a standby guardian's identity is known to an attending physician making a determination of recovery or remission, the attending physician shall provide a copy of the determination of recovery or remission to the standby guardian.
48.978(5)(b)
(b)
On request of standby guardian. If requested by a standby guardian, an attending physician shall make a determination regarding a parent's recovery or remission for purposes of this section.
48.978(6)
(6) Parental rights; duty and authority of standby guardian. 48.978(6)(a)(a)
Parental rights. The beginning of the duty and authority of a standby guardian under
sub. (2) or
(3) does not, in itself, divest a parent of any parental rights.
48.978(6)(b)1.1. Unless limited under
subd. 2., a standby guardian appointed under
sub. (2) or designated under
sub. (3) shall have all of the duties and authority specified in
s. 48.023.
48.978(6)(b)2.
2. The court may order or a parent may provide that the duties and authority of a standby guardian appointed under
sub. (2) or designated under
sub. (3) be limited. The duties and authority of a limited standby guardian shall be as specified by the order of appointment under
sub. (2) (j) 2. or the written designation under
sub. (3) (a). All provisions of the statutes concerning the duties and authority of a guardian shall apply to a limited standby guardian appointed under
sub. (2) or designated under
sub. (3) to the extent those provisions are relevant to the duties or authority of the limited standby guardian, except as limited by the order of appointment or written designation.
48.978(7)(a)(a) Except when a different right, remedy or procedure is provided under this section, the rights, remedies and procedures provided in
ch. 880 shall govern a standby guardianship created under this section.
48.978(7)(b)
(b) This section does not abridge the duties or authority of a guardian appointed under
ch. 880.
48.978(7)(c)
(c) Nothing in this section prohibits an individual from petitioning a court for the appointment of a guardian under
ch. 880.
48.978 History
History: 1997 a. 334.
MISCELLANEOUS PROVISIONS
48.98
48.98
Interstate placement of children. 48.98(1)
(1) No person may bring a child into this state or send a child out of this state for the purpose of placing the child in foster care or treatment foster care or for the purpose of adoption without a certificate from the department that the home is suitable for the child.
48.98(2)(a)(a) Any person, except a county department or licensed child welfare agency, who brings a child into this state for the purpose of placing the child in a foster home or treatment foster home shall, before the child's arrival in this state, file with the department a $1,000 noncancelable bond in favor of this state, furnished by a surety company licensed to do business in this state. The condition of the bond shall be that the child will not become dependent on public funds for his or her primary support before the child reaches age 18 or is adopted.
48.98(2)(b)
(b) By filing the bond required under
par. (a), the person filing the bond and the surety submit to the jurisdiction of the court in the county in which the person resides for purposes of liability on the bond, and appoint the clerk of the court as their agent upon whom any papers affecting their bond liability may be served.
48.98(2)(c)
(c) If upon affidavit of the department it appears to the court that the condition of the bond has been violated, the court shall order the person who filed the bond and the surety to show cause why judgment on the bond should not be entered for the department. If neither the person nor the surety appears for the hearing on the order to show cause, or if the court concludes after the hearing that the condition of the bond has been violated, the court shall enter judgment on the bond for the department against the person who filed the bond and the surety.
48.98(2)(d)
(d) The department shall periodically bill the person who filed the bond and the surety under
s. 46.03 (18) (b) or
46.10 for the cost of care and maintenance of the child until the child is adopted or becomes age 18, whichever is earlier. The guardian and surety shall also be liable under the bond for costs incurred by the department in enforcing the bond.
48.98(2)(e)
(e) The department may waive the bond requirement under
par. (a).
48.98(3)
(3) The person bringing or sending the child into or out of this state shall report to the department, at least once each year and at any other time required by the department, concerning the location and well-being of the child, until the child is 18 years of age or is adopted.
48.98(4)(a)(a) This section applies only to interstate placements of children which are not governed by
s. 48.988.
48.98(4)(b)
(b) Section 48.839 governs the placement of children who are not U.S. citizens and not under agency guardianship who are brought into this state from a foreign jurisdiction for the purpose of adoption.
48.98(5)
(5) The department may promulgate all rules necessary for the enforcement of this section.
48.981
48.981
Abused or neglected children and abused unborn children. 48.981(1)(ag)
(ag) "Agency" means a county department, the department in a county having a population of 500,000 or more or a licensed child welfare agency under contract with a county department or the department in a county having a population of 500,000 or more to perform investigations under this section.
48.981(1)(am)
(am) "Caregiver" means, with respect to a child who is the victim or alleged victim of abuse or neglect or who is threatened with abuse or neglect, any of the following persons:
48.981(1)(am)1.
1. The child's parent, grandparent, stepparent, brother, sister, stepbrother, stepsister, half brother or half sister.
48.981(1)(am)4.
4. A person who resides or has resided regularly or intermittently in the same dwelling as the child.
48.981(1)(am)5.
5. An employee of a residential facility or child caring institution in which the child was or is placed.
48.981(1)(am)6.
6. A person who provides or has provided care for the child in or outside of the child's home.
48.981(1)(am)7.
7. Any other person who exercises or has exercised temporary or permanent control over the child or who temporarily or permanently supervises or has supervised the child.
48.981(1)(am)8.
8. Any relative of the child other than a relative specified in
subd. 1.
48.981(1)(b)
(b) "Community placement" means probation; extended supervision; parole; aftercare; conditional transfer into the community under
s. 51.35 (1); conditional transfer or discharge under
s. 51.37 (9); placement in a Type 2 child caring institution or a Type 2 secured correctional facility authorized under
s. 938.539 (5); conditional release under
s. 971.17; supervised release under
s. 980.06 or
980.08; participation in the community residential confinement program under
s. 301.046, the intensive sanctions program under
s. 301.048, the corrective sanctions program under
s. 938.533, the intensive supervision program under
s. 938.534 or the serious juvenile offender program under
s. 938.538; or any other placement of an adult or juvenile offender in the community under the custody or supervision of the department of corrections, the department of health and family services, a county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 or any other person under contract with the department of corrections, the department of health and family services or a county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 to exercise custody or supervision over the offender.
48.981(1)(cs)
(cs) "Indian child" means any unmarried person who is under the age of 18 years and is affiliated with an Indian tribe or band in any of the following ways:
48.981(1)(cs)2.
2. As a person who is both eligible for membership in the tribe or band and is the biological child of a member of the tribe or band.
48.981(1)(ct)
(ct) "Indian unborn child" means an unborn child who, when born, may be eligible for affiliation with an Indian tribe or band in any of the following ways:
48.981(1)(ct)2.
2. As a person who is both eligible for membership in the tribe or band and the biological child of a member of the tribe or band.
48.981(1)(d)
(d) "Neglect" means failure, refusal or inability on the part of a parent, guardian, legal custodian or other person exercising temporary or permanent control over a child, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of the child.
48.981(1)(f)
(f) "Record" means any document relating to the investigation, assessment and disposition of a report under this section.
48.981(1)(fm)
(fm) "Relative" means a parent, grandparent, stepparent, brother, sister, first cousin, 2nd cousin, nephew, niece, uncle, aunt, stepgrandparent, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, stepuncle or stepaunt.
48.981(1)(g)
(g) "Reporter" means a person who reports suspected abuse or neglect or a belief that abuse or neglect will occur under this section.
48.981(1)(h)
(h) "Subject" means a person or unborn child named in a report or record as any of the following:
48.981(1)(h)1.
1. A child who is the victim or alleged victim of abuse or neglect or who is threatened with abuse or neglect.
48.981(1)(h)1m.
1m. An unborn child who is the victim or alleged victim of abuse or who is at substantial risk of abuse.
48.981(1)(h)2.
2. A person who is suspected of abuse or neglect or who has been determined to have abused or neglected a child or to have abused an unborn child.
48.981(1)(i)
(i) "Tribal agent" means the person designated under
25 CFR 23.12 by an Indian tribe or band to receive notice of involuntary child custody proceedings under the Indian child welfare act,
25 USC 1901 to
1963.
48.981(2)
(2) Persons required to report. A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental health professional, social worker, marriage and family therapist, professional counselor, public assistance worker, including a financial and employment planner, as defined in
s. 49.141 (1) (d), school teacher, administrator or counselor, mediator under
s. 767.11, child care worker in a day care center or child caring institution, day care provider, alcohol or other drug abuse counselor, member of the treatment staff employed by or working under contract with a county department under
s. 46.23,
51.42 or
51.437, physical therapist, occupational therapist, dietitian, speech-language pathologist, audiologist, emergency medical technician, first responder or police or law enforcement officer having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under
sub. (2m), report as provided in
sub. (3). A court-appointed special advocate having reasonable cause to suspect that a child seen in the course of the court-appointed special advocate's activities under
s. 48.236 (3) has been abused or neglected or having 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
sub. (2m), report as provided in
sub. (3). Any other person, including an attorney, having reason to suspect that a child has been abused or neglected or reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may make such a report. Any person, including an attorney having reason to suspect that an unborn child has been abused or reason to believe that an unborn child is at substantial risk of abuse may report as provided in
sub. (3). No person making a report under this subsection may be discharged from employment for so doing.
48.981 Note
NOTE: Sub. (2) is shown as affected by two acts of the 1999 legislature and as merged by the revisor under s. 13.93 (2) (c).
48.981(2m)
(2m) Exception to reporting requirement. 48.981(2m)(a)(a) The purpose of this subsection is to allow children to obtain confidential health care services.
48.981(2m)(b)2.
2. "Health care service" means family planning services, as defined in s.
253.07 (1) (b), 1995 stats., pregnancy testing, obstetrical health care or screening, diagnosis and treatment for a sexually transmitted disease.
48.981(2m)(c)
(c) Except as provided under
pars. (d) and
(e), the following persons are not required to report as suspected or threatened abuse, as defined in
s. 48.02 (1) (b), sexual intercourse or sexual contact involving a child:
48.981(2m)(c)1.
1. A health care provider who provides any health care service to a child.
48.981(2m)(c)4.
4. A person who obtains information about a child who is receiving or has received health care services from a health care provider.
48.981(2m)(d)
(d) Any person described under
par. (c) 1. or
4. shall report as required under
sub. (2) if he or she has reason to suspect any of the following:
48.981(2m)(d)1.
1. That the sexual intercourse or sexual contact occurred or is likely to occur with a caregiver.
48.981(2m)(d)2.
2. That the child suffered or suffers from a mental illness or mental deficiency that rendered or renders the child temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.
48.981(2m)(d)3.
3. That the child, because of his or her age or immaturity, was or is incapable of understanding the nature or consequences of sexual intercourse or sexual contact.
48.981(2m)(d)4.
4. That the child was unconscious at the time of the act or for any other reason was physically unable to communicate unwillingness to engage in sexual intercourse or sexual contact.
48.981(2m)(d)5.
5. That another participant in the sexual contact or sexual intercourse was or is exploiting the child.
48.981(2m)(e)
(e) In addition to the reporting requirements under
par. (d), a person described under
par. (c) 1. or
4. shall report as required under
sub. (2) if he or she has any reasonable doubt as to the voluntariness of the child's participation in the sexual contact or sexual intercourse.
48.981(3)(a)(a)
Referral of report. 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 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. 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 all cases reported to it. The county department, department or licensed child welfare agency may require that a subsequent report be made in writing. Each county department, the department and a licensed child welfare agency under contract with the department shall adopt a written policy specifying the kinds of reports it will routinely report to local law enforcement authorities.
48.981(3)(b)1.1. Any person reporting under this section may request an immediate investigation by the sheriff or police department if the person has reason to suspect that the health or safety of a child or of an unborn child is in immediate danger. Upon receiving such a request, the sheriff or police department shall immediately investigate to determine if there is reason to believe that the health or safety of the child or unborn child is in immediate danger and take any necessary action to protect the child or unborn child.
48.981(3)(b)2.
2. If the investigating officer has reason under
s. 48.19 (1) (c) or
(cm) or
(d) 5. or
8. to take a child into custody, the investigating officer shall take the child into custody and deliver the child to the intake worker under
s. 48.20.
48.981(3)(b)2m.
2m. If the investigating officer has reason under
s. 48.193 (1) (c) or
(d) 2. to take the adult expectant mother of an unborn child into custody, the investigating officer shall take the adult expectant mother into custody and deliver the adult expectant mother to the intake worker under
s. 48.203.
48.981(3)(b)3.
3. If the police or other law enforcement officials determine that criminal action is necessary, they shall refer the case to the district attorney for criminal prosecution.
48.981(3)(bm)
(bm)
Notice of report to Indian tribal agent. In a county which 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 which receives a report under
par. (a) pertaining to a child or unborn child knows 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 child or expectant mother and the fact that a report has been received about that child or unborn child, within 24 hours to one of the following:
48.981(3)(bm)1.
1. If the county department knows with which tribe or band the child is affiliated, or with which tribe or band the unborn child, when born, may be eligible for affiliation, and it is a Wisconsin tribe or band, the tribal agent of that tribe or band.
48.981(3)(bm)2.
2. If the county department does not know with which tribe or band the child is affiliated, or with which tribe or band the unborn child, when born, may be eligible for affiliation, or the child or expectant mother is not affiliated with a Wisconsin tribe or band, the tribal agent serving the reservation or Ho-Chunk service area where the child or expectant mother resides.
48.981(3)(bm)3.
3. If neither
subd. 1. nor 2. applies, any tribal agent serving a reservation or Ho-Chunk service area in the county.
48.981(3)(c)1.1. Within 24 hours after receiving a report under
par. (a), 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 or unborn child is in need of protection or services. The investigation shall be conducted in accordance with standards established by the department for conducting child abuse and neglect investigations or unborn child abuse investigations. 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 to do so.
48.981(3)(c)2.a.a. If the person making the investigation is an employee of 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 and he or she determines that it is consistent with the child's best interest in terms of physical safety and physical health to remove the child from his or her home for immediate protection, he or she shall take the child into custody under
s. 48.08 (2) or
48.19 (1) (c) and deliver the child to the intake worker under
s. 48.20.
