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 residential care center for children and youth 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, greatgrandparent, 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)(a)(a) [, group home, as described in
s. 48.625 (1m,] Any of the following persons who has reasonable cause to suspect that a child seen by the person in the course of professional duties has been abused or neglected or who has reason to believe that a child seen by the person 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):
48.981 Note
NOTE: The bracketed language was inserted into s. 48.981 (2) by 2001 Wi. Act 69, but was not taken into account by the treatment of s. 48.981 (2) by
2001 Wis. Act 103. Corrective legislation to move the language to its correct location in subd. 18. is pending.
48.981(2)(a)9.
9. A medical or mental health professional not otherwise specified in this paragraph.
48.981(2)(a)18.
18. A child-care worker in a day care center [, group home, as described in
s. 48.625 (1m),] or residential care center for children and youth.
48.981 Note
NOTE: The bracketed language was inserted into s. 48.981 (2) by
2001 Wis. Act 69, but was not taken into account by the treatment of s. 48.981 (2) by
2001 Wis. Act 103. Corrective legislation to move the language to its correct location in subd. 18. is pending.
48.981(2)(a)21.
21. A member of the treatment staff employed by or working under contract with a county department under
s. 46.23,
51.42, or
51.437 or a residential care center for children and youth.
48.981 Note
NOTE: 2001 Wis. Act 70 creates the term "physical therapist assistant" and provides for the licensing of physical therapist assistants effective 4-1-04.
48.981(2)(b)
(b) A court-appointed special advocate who has reasonable cause to suspect that a child seen in the course of activities under
s. 48.236 (3) has been abused or neglected or who has 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).
48.981(2)(c)
(c) Any person not otherwise specified in
par. (a) or
(b), including an attorney, who has reason to suspect that a child has been abused or neglected or who has reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may report as provided in
sub. (3).
48.981(2)(d)
(d) Any person, including an attorney, who has reason to suspect that an unborn child has been abused or who has reason to believe that an unborn child is at substantial risk of abuse may report as provided in
sub. (3).
48.981(2)(e)
(e) No person making a report under this subsection may be discharged from employment for so doing.
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)1.1. 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.
48.981(3)(a)2.
2. 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.
48.981(3)(a)3.
3. A county department, the department, or a licensed child welfare agency under contract with the department shall within 12 hours, exclusive of Saturdays, Sundays, or legal holidays, refer to the sheriff or police department all cases of suspected or threatened abuse, as defined in
s. 48.02 (1) (b) to
(f), reported to it. For cases of suspected or threatened abuse, as defined in
s. 48.02 (1) (a),
(am), or
(gm), or neglect, 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)(a)4.
4. If the report is of suspected or threatened abuse, as defined in
s. 48.02 (1) (b) to
(f), the sheriff or police department and the county department, department, or licensed child welfare agency under contract with the department shall coordinate the planning and execution of the investigation of the report.
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 sheriff or police department determines that criminal action is necessary, the sheriff or police department shall refer the case to the district attorney for criminal prosecution. Each sheriff and police department shall adopt a written policy specifying the kinds of reports of suspected or threatened abuse, as defined in
s. 48.02 (1) (b) to
(f), that the sheriff or police department will routinely refer 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:
