48.981(8)(b)
(b) The department shall to the extent feasible 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.
48.981(8)(c)
(c) 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 may contract with any public or private organization which meets the standards set by the department. In entering into the contracts the department, county department or licensed child welfare agency shall give priority to parental organizations combating child abuse and neglect or unborn child abuse.
48.981(8)(d)1.1. Each agency staff member and supervisor whose responsibilities include investigation or treatment of child abuse and neglect or of unborn child abuse shall successfully complete training in child abuse and neglect protective services and in unborn child abuse protective services approved by the department. The training shall include information on means of recognizing and appropriately responding to domestic abuse, as defined in
s. 49.165 (1) (a). 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 agency staff members and supervisors to satisfy the requirements under
subd. 1. and
s. 48.06 (1) (am) 3. and
(2) (c).
48.981 Cross-reference
Cross Reference: See also ch.
DCF 43, Wis. adm. code.
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 and on the status of unborn child abuse programs. The report shall include a full statistical analysis of the child abuse and neglect reports, and the unborn child abuse 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 agency described in
sub. (3) (bm) (intro.) a current list of all tribal agents in the state.
48.981 History
History: Sup. Ct. Order, 59 Wis. 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;
1997 a. 27,
114,
292,
293;
1999 a. 9,
20,
32,
56,
84,
149,
192;
2001 a. 16,
38,
59,
69,
70,
103,
105;
2003 a. 33,
279,
321;
2005 a. 113,
232,
344,
406,
434;
2005 a. 443 s.
265;
2007 a. 20 ss.
1370 to
1373,
9121 (6) (a);
2007 a. 97.
48.981 Annotation
Even if the authority for a warrantless search can be inferred from ch. 48, those provisions cannot supercede the constitutional provisions prohibiting unreasonable searches and seizures. State v. Boggess,
115 Wis. 2d 443,
340 N.W.2d 516 (1983).
48.981 AnnotationSection 48.981, 1983 stats., is not unconstitutionally vague. State v. Hurd,
135 Wis. 2d 266,
400 N.W.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 Wis. 2d 552,
531 N.W.2d 619 (Ct. App. 1995).
48.981 Annotation
To overcome the presumption of good faith under sub. (4), more than a violation of sub. (3) is required. It must also be shown that the violation was "conscious" or "intentional." Drake v. Huber,
218 Wis. 2d 672,
582 N.W.2d 74 (Ct. App. 1998),
96-2964.
48.981 Annotation
This section provides no basis for civil liability against a person who may, but is not required to, report abuse. Gritzner v. Michael R. 2000 WI 68,
235 Wis. 2d 781,
611 N.W.2d 906,
98-0325.
48.981 Annotation
To "disclose" information under sub. (7), the recipient must have been previously unaware of the information at the time of the communication. The state has the burden to prove beyond a reasonable doubt that the disclosure took place. Sub. (7) is a strict liability statute; intent is not an element of a violation. State v. Polashek, 2002 WI 74,
253 Wis. 2d 527,
646 N.W.2d 330,
00-1570.
48.981 Annotation
The duty to report suspected cases of child abuse or neglect under s. 48.981 (3) (a) prevails over any inconsistent terms in s. 51.30. 68 Atty. Gen. 342.
48.981 Annotation
Consensual sexual conduct involving a 16 and 17 year old does not constitute child abuse.
72 Atty. Gen. 93.
48.981 Annotation
Medical or mental health professionals may report suspected child abuse under the permissive provisions of sub. (2) when the abuser, rather than victim, is seen in the course of professional duties. Section 51.30 does not bar such reports made in good faith.
76 Atty. Gen. 39.
48.981 Annotation
A county department may not contract with other agencies to obtain s. 48.981 reporting or investigatory services in situations other than the performance of independent investigations required by sub. (3) (d). A cooperative contract might be possible under ch. 66 in order to effectuate this purpose but the services must be furnished by the county department as defined in s. 48.02 (2g) and not by any other public or private agency.
76 Atty. Gen. 286.
48.981 AnnotationDisclosure under sub. (7) (a) 1. and (c) is mandatory.
77 Atty. Gen. 84.
48.981 Annotation
The responsibility of county departments of social services to investigate allegations of child abuse and neglect is discussed. Department staff members may interview a child on public school property and may exclude school personnel from the interview. School personnel cannot condition on-site interviews on notification of the child's parents.
79 Atty. Gen. 49.
48.981 Annotation
Members of a social services board in a county with a county executive or a county administrator may be granted access to child abuse and neglect files under s. 48.981 if access is necessary for the performance of their statutory duties.
79 Atty. Gen. 212.
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
County departments have authority to transport a child to a county-recognized child advocacy center for the purpose of an investigatory interview without consent of the primary caretaker, if to do so is necessary to an investigation of alleged child maltreatment.
OAG 3-98.
48.981 Annotation
The confrontation clause does not require a defendant's access to confidential child abuse reports; due process requires that the court undertake an in camera inspection of the file to determine whether it contains material exculpatory evidence. Pennsylvania v. Ritchie,
480 U.S. 39 (1987).
48.981 Annotation
To the extent sub. (3) (c) 1. authorizes government officials to interview children suspected of being abused on private property and without a warrant, probable cause, consent, or exigent circumstances, it is unconstitutional as applied. However, it can be constitutionally applied, such as when government officials interview a child on public school property when they have definite and articulable evidence giving rise to a reasonable suspicion that a child has been abused by his or her parents or is in imminent danger of parental abuse. Doe v. Heck,
327 F.3d 492 (2003). See also Michael C. v. Gresbach,
526 F.3d 1008 (2008).
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)(b)
(b) "Board" means the 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 and providing technical assistance to organizations and for providing child abuse and neglect prevention information and services on a statewide basis. The plan shall assure that there is an equal opportunity for the establishment of child abuse and neglect prevention programs and family resource centers. 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) and
(6).
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 credited to the appropriation accounts under
s. 20.433 (1) (i) or
(q).
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 department and the department of 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, promote individual, family, and community strengths, build parenting skills, and provide community support for children and families.
48.982(2)(g)2.
2. Promote statewide educational and public awareness campaigns and materials 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 and methods of preventing 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) and
(6), educational and public awareness materials and programming that emphasize the role of fathers in the primary prevention of child abuse and neglect.
48.982(2e)(a)1.1. The board may organize and maintain a nonstock, nonprofit corporation under
ch. 181 for the exclusive purposes, subject to the approval of the board under
par. (b) 1., of soliciting and accepting contributions, grants, gifts, and bequests for deposit into the children's trust fund or into the fund maintained by the corporation under
subd. 2. and of administering any statewide project under
sub. (5) or any other program, including the grant programs under
subs. (4) and
(6), that the board contracts with the corporation to administer.
48.982(2e)(a)2.
2. The corporation shall establish and maintain a fund into which the corporation shall deposit all contributions, grants, gifts, and bequests accepted by the corporation under
subd. 1. that are not deposited into the children's trust fund, all moneys received under
s. 341.14 (6r) (b) 6., and all moneys transferred from the children's trust fund under
2005 Wisconsin Act 319 section
64 (1). The corporation shall also credit to the fund all interest earned on the moneys deposited into the fund and may use that interest for the purposes specified in
subd. 4.
48.982(2e)(a)3.
3. In accordance with the wishes of the donor, any contributions, grants, gifts, or bequests accepted by the corporation that are deposited in the children's trust fund shall be used for any of the purposes specified in
sub. (2m) or shall continue to accumulate in the children's trust fund pursuant to
s. 25.67 (2).
48.982(2e)(a)4.
4. In accordance with the wishes of the donor and subject to the approval of the board under
par. (b) 1., any contributions, grants, gifts, or bequests accepted by the corporation that are deposited into the fund under
subd. 2. shall be used to encourage donors to make contributions, grants, gifts, and bequests to the corporation for deposit into the children's trust fund or into the fund under
subd. 2., to fund statewide projects under
sub. (5) or any other program, including any of the grant programs under
subs. (4) and
(6), that the board contracts with the corporation to administer, or to pay for the actual and necessary operating costs of the corporation or shall continue to accumulate indefinitely.
48.982(2e)(b)1.1. Annually, the corporation organized and maintained under
par. (a) 1. shall submit to the board for the approval of the board a budget specifying how the corporation intends to allocate the contributions, grants, gifts, and bequests accepted by the corporation and all other moneys of the corporation. The budget shall specify the amount of contributions, grants, gifts, and bequests that will be deposited into the children's trust fund and the amount of contributions, grants, gifts, and bequests that will be deposited into the fund maintained by the corporation under
par. (a) 2. Of the amounts deposited into the fund under
par. (a) 2., the budget shall specify the amounts that will be allocated for each of the purposes specified in
par. (a) 4. or that will be permitted to accumulate indefinitely. On approval of the board, the board shall enter into a contract with the corporation specifying the allocations approved by the board.
48.982(2e)(b)2.
2. The contract may also provide for the use by the board of the services of the corporation and for the provision by the board of administrative services to the corporation. The type and scope of any administrative services provided by the board to the corporation and the board employees assigned to perform the services shall be determined by the board. The corporation may also employ staff to perform administrative services for the corporation. The corporation may not engage in political activities.
48.982(2e)(c)
(c) The corporation under
par. (a) 1. shall donate any real property to the state within 5 years after acquiring the property unless holding the property for more than 5 years is consistent with sound business and financial practices and is approved by the joint committee on finance.
48.982(2e)(d)
(d) The board, the department of administration, the legislative fiscal bureau, the legislative audit bureau and the appropriate committee of each house of the legislature, as determined by the presiding officer, may examine all records of the corporation.
48.982(2e)(e)
(e) The board of directors of any corporation established under this subsection shall consist of 9 members, including the chairperson of the board and 4 members of the board, elected by the board.
48.982(2e)(f)
(f) Any corporation established under this subsection shall be organized so that contributions to it will be deductible from adjusted gross income under section
170 of the Internal Revenue Code, as defined under
s. 71.01 (6), and so that the corporation will be exempt from taxation under section
501 of the Internal Revenue Code, as defined under
s. 71.22 (4), and under
s. 71.26 (1) (a).
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) or
(2e) (a) 3. and appropriated under
s. 20.433 (1) (q), the board shall use the money in accordance with the wishes of the donor to do any of the following:
48.982(2m)(a)
(a) Award grants and provide technical assistance to organizations under
subs. (4) and
(6) and provide child abuse and neglect prevention information and services on a statewide basis.
48.982(2m)(d)
(d) Fund shaken baby syndrome and impacted babies prevention activities under
s. 253.15.
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
(q).
48.982(4)
(4) Award of grants; provision of statewide information and services. 48.982(4)(a)(a) From the appropriations under
s. 20.433 (1) (b),
(h),
(i),
(k),
(m), and
(q), the board shall award grants to organizations in accordance with the plan developed under
sub. (2) (a). From the appropriations under
s. 20.433 (1) (b),
(g),
(h),
(i),
(k),
(m), and
(q), the board, in accordance with that plan, shall provide technical assistance to organizations and shall provide child abuse and neglect prevention information and services on a statewide basis.
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 for which an organization receives a grant, at least 25% of the amount received for that year.
48.982(4)(b)2.
2. During the 2nd and subsequent years for which an organization receives a grant, at least 50% of the amount received for each year.
48.982(4)(c)
(c) Each grant application shall comply with
sub. (7) (d) and 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 all of the following:
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 family resource and support programs that provide services or education to families, including services or education relating to support of parents, perinatal bonding, child development, care of children with special needs, respite care, and prevention of sexual abuse.
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 comprehensive child abuse and neglect prevention 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) (g),
(i), and
(q), the board shall administer any statewide project for which it has accepted money under
sub. (2m) (c).
48.982(6)
(6) Award of family resource 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). From the appropriations under
s. 20.433 (1) (b),
(g),
(h),
(i),
(k),
(m),
(ma), and
(q), the board shall provide technical assistance to organizations in accordance with those procedures. No organization may receive a grant or grants under this subsection totaling more than $150,000 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 not more than $150,000 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 at least a 20% match to the grant, through either money or in-kind services.
48.982(6)(c)
(c) Each grant application shall comply with
sub. (7) (d) and 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 direct parent education, family support, and referrals to other social services programs and outreach programs, including programs that provide education to parents in their homes. For organizations applying for grants for the first time on or after July 1, 1998, the board shall give favorable consideration in awarding grants to organizations for programs in communities where home visitation programs that provide in-home visitation services to parents with newborn infants are in existence or are in development and, if grants are awarded, shall require programs supported by grants to maximize coordination with these home visitation programs. Programs supported by the grants shall track individual participants 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(7)
(7) Grant applications; additional requirements; evaluation. 48.982(7)(d)(d) Each application for a grant under
sub. (4) or
(6) 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 establishment and operation of the organization's child abuse and neglect prevention program or family resource center.
