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Wis.
Stat. § 48.981
This document has been updated.
Wisconsin Statutes
Social Services
Chapter
48. Children's Code
Subchapter
XX. Miscellaneous Provisions
§ 48.981. Abused
or neglected children and abused unborn children
(1) Definitions.
In this section:
(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.
(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:
1.
The child's parent, grandparent, greatgrandparent, stepparent, brother,
sister, stepbrother, stepsister, half brother, or half sister.
2.
The child's guardian.
3.
The child's legal custodian.
4.
A person who resides or has resided regularly or intermittently in the
same dwelling as the child.
5.
An employee of a residential facility or residential care center for children
and youth in which the child was or is placed.
6.
A person who provides or has provided care for the child in or outside
of the child's home.
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.
8.
Any relative of the child other than a relative specified in subd. 1.
<Text
of subsec. (1)(b) eff. until July 1, 2008>
(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 halfway house program under
s. 301.0465, 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.
<Text
of subsec. (1)(b) eff. July 1, 2008>
(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.
(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:
1.
As a member of the tribe or band.
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.
(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:
1.
As a member of the tribe or band.
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.
(cv)
"Member of a religious order" means an individual who has taken
vows devoting himself or herself to religious or spiritual principles
and who is authorized or appointed by his or her religious order or organization
to provide spiritual or religious advice or service.
(cx)
"Member of the clergy" has the meaning given in s. 765.002(1)
or means a member of a religious order, and includes brothers, ministers,
monks, nuns, priests, rabbis, and sisters.
(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.
(f)
"Record" means any document relating to the investigation, assessment
and disposition
of a report under this section.
(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.
(g)
"Reporter" means a person who reports suspected abuse or neglect
or a belief that abuse or neglect will occur under this section.
(h)
"Subject" means a person or unborn child named in a report or
record as any of the following:
1.
A child who is the victim or alleged victim of abuse or neglect or who
is threatened with abuse or neglect.
1m.
An unborn child who is the victim or alleged victim of abuse or who is
at substantial risk of abuse.
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.
(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.
(2)
Persons required to report.
(a) 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):
1.
A physician.
2.
A coroner.
3.
A medical examiner.
4.
A nurse.
5.
A dentist.
6.
A chiropractor.
7.
An optometrist.
8.
An acupuncturist.
9.
A medical or mental health professional not otherwise specified in this
paragraph.
10.
A social worker.
11.
A marriage and family therapist.
12.
A professional counselor.
13.
A public assistance worker, including a financial and employment planner,
as defined in s. 49.141(1)(d).
14.
A school teacher.
15.
A school administrator
16.
A school counselor.
17.
A mediator under s. 767.11.
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.
19.
A day care provider.
20.
An alcohol or other drug abuse counselor.
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.
22.
A physical therapist.
22m.
A physical therapist assistant.
23.
An occupational therapist.
24.
A dietitian.
25.
A speech-language pathologist.
26.
An audiologist.
27.
An emergency medical technician.
28.
A first responder.
29.
A police or law enforcement officer.
(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).
(bm)1.
Except as provided in subd. 3. and sub. (2m), a member of the clergy shall
report as provided in sub. (3) if the member of the clergy has reasonable
cause to suspect that a child seen by the member of the clergy in the
course of his or her professional duties:
a.
Has been abused, as defined in s. 48.02(1)(b) to (f); or
b.
Has been threatened with abuse, as defined in s. 48.02(1)(b) to (f), and
abuse of the child will likely occur.
2.
Except as provided in subd. 3. and sub. (2m), a member of the clergy shall
report
as provided in sub. (3) if the member of the clergy has reasonable cause,
based on observations made or information that he or she receives, to
suspect that a member of the clergy has done any of the following:
a.
Abused a child, as defined in s. 48.02(1)(b) to (f).
b.
Threatened a child with abuse, as defined in s. 48.02(1)(b) to (f), and
abuse of the child will likely occur.
3.
A member of the clergy is not required to report child abuse information
under subd. 1. or 2. that he or she receives solely through confidential
communications made to him or her privately or in a confessional setting
if he or she is authorized to hear or is accustomed to hearing such communications
and, under the disciplines, tenets, or traditions of his or her religion,
has a duty or is expected to keep those communications secret. Those disciplines,
tenets, or traditions need not be in writing.
(c)
Any person not otherwise specified in par. (a) , (b), or (bm), 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).
(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).
(e)
No person making a report under this subsection may be discharged from
employment for so doing.
(2m)
Exception to reporting requirement.
(a) The purpose of this subsection is to allow children to obtain confidential
health care services.
(b)
In this subsection:
1.
"Health care provider" means a physician, as defined under s.
448.01(5), a physician assistant, as defined under s. 448.01(6), or a
nurse holding a certificate of registration under s. 441.06(1) or a license
under s. 441.10(3).
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.
(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:
1.
A health care provider who provides any health care service to a child.
4.
A person who obtains information about a child who is receiving or has
received health care services from a health care provider.
(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:
1.
That the sexual intercourse or sexual contact occurred or is likely to
occur with a caregiver.
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.
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.
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.
5.
That another participant in the sexual contact or sexual intercourse was
or is exploiting the child.
(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.
(3)
Reports; investigation.
(a) Referral
of report.
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.
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.
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), (g), 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.
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.
(b)
Duties of local
law enforcement agencies.
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.
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.
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.
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.
(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:
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.
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.
3.
If neither subd. 1. nor 2. applies, any tribal agent serving a reservation
or Ho-Chunk service area in the county.
(c)
Duties of county
departments.
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.
2.
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.
b.
If the person making the investigation is an employee of a licensed child
welfare agency which is under contract with the county department and
he or she determines that any child in the home requires immediate protection,
he or she shall
notify the county department of the circumstances and together with an
employee of the county department 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.
2m.
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 best
interest of the unborn child in terms of physical safety and physical
health to take the expectant mother into custody for the immediate protection
of the unborn child, he or she shall take the expectant mother into custody
under s. 48.08 (2), 48.19 (1) (cm) or 48.193 (1) (c) and deliver the expectant
mother to the intake worker under s. 48.20 or 48.203.
b.
If the person making the investigation is an employee of a licensed child
welfare agency which is under contract with the county department and
he or she determines that any unborn child requires immediate protection,
he or she shall notify
the county department of the circumstances and together with an employee
of the county department shall take the expectant mother of the unborn
child into custody under s. 48.08 (2), 48.19 (1) (cm) or 48.193 (1) (c)
and deliver the expectant mother to the intake worker under s. 48.20 or
48.203.
3.
If 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 determines that a child, any member of the child's
family or the child's guardian or legal custodian is in need of services
or that the expectant mother of an unborn child is in need of services,
the county department, department or licensed child welfare agency shall
offer to provide appropriate services or to make arrangements for the
provision of services. If the child's parent, guardian or legal custodian
or the expectant mother refuses to accept the services, the county department,
department or licensed child welfare agency may request that a petition
be filed under s. 48.13 alleging that the child who is the subject of
the report or any other child in the home is in need of protection or
services or that a petition be filed under s. 48.133 alleging that the
unborn child who is the subject of the report is in need
of protection or services.
4.
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 shall determine, within 60 days after receipt of a
report, whether abuse or neglect has occurred or is likely to occur. The
determination shall be based on a preponderance of the evidence produced
by the investigation. A determination that abuse or neglect has occurred
may not be based solely on the fact that the child's parent, guardian
or legal custodian in good faith selects and relies on prayer or other
religious means for treatment of disease or for remedial care of the child.
In making a determination that emotional damage has occurred, 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 shall give due regard to the culture of the subjects. This
subdivision does not prohibit a court from ordering medical services for
the child if the child's health requires it.
5.
The agency shall maintain a record of its actions in connection with each
report
it receives. The record shall include a description of the services provided
to any child and to the parents, guardian or legal custodian of the child
or to any expectant mother of an unborn child. The agency shall update
the record every 6 months until the case is closed.
5m.
If 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 determines under subd. 4. that a specific person has
abused or neglected a child, the county department, department or licensed
child welfare agency, within 15 days after the date of the determination,
shall notify the person in writing of the determination, the person's
right to appeal the determination and the procedure by which the person
may appeal the determination, and the person may appeal the determination
in accordance with the procedures established by the department under
this subdivision. The department shall promulgate rules establishing procedures
for conducting an appeal under this subdivision. Those procedures shall
include a procedure permitting an appeal under this subdivision to be
held in abeyance pending the outcome of any criminal proceedings or any
proceedings under s. 48.13 based on the alleged abuse or neglect or the
outcome of any investigation that may lead
to the filing of a criminal complaint or a petition under s. 48.13 based
on the alleged abuse or neglect.
6.
The agency shall, within 60 days after it receives a report from a person
required under sub. (2) to report, inform the reporter what action, if
any, was taken to protect the health and welfare of the child or unborn
child who is the subject of the report.
6m.
If a person who is not required under sub. (2) to report makes a report
and is a relative of the child, other than the child's parent, or is a
relative of the expectant mother of the unborn child, that person may
make a written request to the agency for information regarding what action,
if any, was taken to protect the health and welfare of the child or unborn
child who is the subject of the report. An agency that receives a written
request under this subdivision shall, within 60 days after it receives
the report or 20 days after it receives the written request, whichever
is later, inform the reporter in writing of what action, if any, was taken
to protect the health and welfare of the child or unborn child, unless
a court order prohibits that disclosure, and of
the duty to keep the information confidential under sub. (7) (e) and the
penalties for failing to do so under sub. (7) (f). The agency may petition
the court ex parte for an order prohibiting that disclosure and, if the
agency does so, the time period within which the information must be disclosed
is tolled on the date the petition is filed and remains tolled until the
court issues a decision. The court may hold an ex parte hearing in camera
and shall issue an order granting the petition if the court determines
that disclosure of the information would not be in the best interests
of the child or unborn child.
7.
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 shall cooperate with law enforcement officials, courts
of competent jurisdiction, tribal governments and other human services
agencies to prevent, identify and treat child abuse and neglect and unborn
child abuse. 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 shall coordinate the development and
provision of services to abused and neglected children, to abused unborn
children to families in which child abuse
or neglect has occurred, to expectant mothers who have abused their unborn
children, to children and families when circumstances justify a belief
that abuse or neglect will occur and to the expectant mothers of unborn
children when circumstances justify a belief that unborn child abuse will
occur.
8.
Using the format prescribed by the department, each county department
shall provide the department with information about each report that the
county department receives or that is received by a licensed child welfare
agency that is under contract with the county department and about each
investigation that the county department or a licensed child welfare agency
under contract with the county department conducts. Using the format prescribed
by the department, a licensed child welfare agency under contract with
the department shall provide the department with information about each
report that the child welfare agency receives and about each investigation
that the child welfare agency conducts. This information shall be used
by the department to monitor services provided by county departments or
licensed child welfare agencies under contract with county departments
or the department. The department shall use nonidentifying information
to maintain statewide statistics on child abuse and
neglect and on unborn child abuse, and for planning and policy development
purposes.
9.
The agency may petition for child abuse restraining orders and injunctions
under s. 48.25(6).
(cm)
Contract with
licensed child welfare agencies.
A county department may contract with a licensed child welfare agency
to fulfill the county department's duties specified under par. (c) 1.,
2. b., 2m. b., 5., 6., 6m. and 8. The department may contract with a licensed
child welfare agency to fulfill the department's duties specified under
par. (c) 1., 2. a., 2m. b., 3., 4., 5., 5m., 6., 6m., 7., 8. and 9. in
a county having a population of 500,000 or more. The confidentiality provisions
specified in sub. (7) shall apply to any licensed child welfare agency
with which a county department or the department contracts.
(d)
Independent
investigation.
1. In this paragraph, "agent" includes, but is not
limited to, a foster parent, treatment foster parent or other person given
custody of a child or a human services professional employed by a county
department under s. 51.42 or 51.437 or by a child welfare agency who is
working with a child or an expectant mother of an unborn child under contract
with or under the supervision of the department in a county having a population
of 500,000 or more or a county department under s. 46.22.
2.
If an agent or employee of an agency required to investigate under this
subsection is the subject of a report, or if the agency determines that,
because of the relationship between the agency and the subject of a report,
there is a substantial probability that the agency would not conduct an
unbiased investigation, the agency shall, after taking any action necessary
to protect the child or unborn child, notify the department. Upon receipt
of the notice, the department, in a county having a population of less
than 500,000 or a county department or child welfare agency designated
by the department in any county shall conduct an independent investigation.
If the department designates a county department under s. 46.22, 46.23,
51.42 or 51.437, that county department shall conduct the independent
investigation. If a licensed child welfare agency agrees to conduct the
independent investigation,
the department may designate the child welfare agency to do so. The powers
and duties of the department or designated county department or child
welfare agency making an independent investigation are those given to
county departments under par. (c).
(4)
Immunity from liability.
Any person or institution participating in good faith in the making of
a report, conducting an investigation, ordering or taking of photographs
or ordering or performing medical examinations of a child or of an expectant
mother under this section shall have immunity from any liability, civil
or criminal, that results by reason of the action. For the purpose of
any proceeding, civil or criminal, the good faith of any person reporting
under this section shall be presumed. The immunity provided under this
subsection does not apply to liability for abusing or neglecting a child
or for abusing an unborn child.
(5)
Coroner's report.
Any person or official required to report cases of suspected child abuse
or neglect who has reasonable cause to suspect that a child died as a
result of child abuse or neglect shall report the fact to the appropriate
medical examiner or coroner. The medical examiner or coroner shall accept
the report for investigation and shall report the findings to the appropriate
district attorney; to the department or, in a county having a population
of 500,000 or more, to a licensed child welfare agency under contract
with the department; to the county department and, if the institution
making the report initially is a hospital, to the hospital.
(6)
Penalty. Whoever
intentionally violates this section by failure to report as required may
be fined not more than $1,000 or imprisoned not more than 6 months or
both.
(7)
Confidentiality.
(a) All reports made under this section, notices provided under sub. (3)(bm)
and records maintained by an agency and other persons, officials and institutions
shall be confidential. Reports and records may be disclosed only to the
following persons:
1.
The subject of a report, except that the person or agency maintaining
the record
or report may not disclose any information that would identify the reporter.
1m.
A reporter described in sub. (3) (c) 6m. who makes a written request to
an agency for information regarding what action, if any, was taken to
protect the health and welfare of the child or unborn child who is the
subject of the report, unless a court order under sub. (3) (c) 6m. prohibits
disclosure of that information to that reporter, except that the only
information that may be disclosed is information in the record regarding
what action, if any, was taken to protect the health and welfare of the
child or unborn child who is the subject of the report.
2.
Appropriate staff of an agency or a tribal social services department.
2m.
A person authorized to provide or providing intake or dispositional services
for the court under s. 48.067, 48.069 or 48.10.
2r.
A person authorized to provide or providing intake or dispositional services
under s. 938.067, 938.069 or 938.10.
3.
An attending physician for purposes of diagnosis and treatment.
3m.
A child's parent, guardian or legal custodian or the expectant mother
of an unborn child, except that the person or agency maintaining the record
or report may not disclose any information that would identify the reporter.
4.
A child's foster parent, treatment foster parent or other person having
physical custody of the child or a person having physical custody of the
expectant mother of an unborn child, except that the person or agency
maintaining the record or report may not disclose any information that
would identify the reporter.
5.
A professional employee of a county department under s. 51.42 or 51.437
who is working with the child or the expectant mother of the unborn child
under contract with or under the supervision of the county department
under s. 46.22 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.
6.
A multidisciplinary child abuse and neglect or unborn child abuse team
recognized by 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.
6m.
A person employed by a child advocacy center recognized by the county
board, 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, to the extent necessary to perform the services for
which the center is recognized by the county board, the county department,
the department or the licensed child welfare agency.
8.
A law enforcement officer or law enforcement agency or a district attorney
for purposes of investigation or prosecution.
8m.
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 a person who is subject to community placement for purposes of investigating
or providing services to a person who is subject to community placement
and who is the subject of a report. In making its investigation, the department
of corrections, department of health and family services, county department
or other person shall cooperate with the agency making the investigation
under sub. (3)(c) or (d).
9.
A court or administrative agency for use in a proceeding relating to the
licensing
or regulation of a facility regulated under this chapter.
10.
A court conducting proceedings under s. 48.21 or 48.213, a court conducting
proceedings related to a petition under s. 48.13, 48.133 or 48.42 or a
court conducting dispositional proceedings under subch. VI or VIII in
which abuse or neglect of the child who is the subject of the report or
record or abuse of the unborn child who is the subject of the report or
record is an issue.
10g.
A court conducting proceedings under s. 48.21, a court conducting proceedings
related to a petition under s. 48.13(3m) or (10m) or a court conducting
dispositional proceedings under subch. VI in which an issue is the substantial
risk of abuse or neglect of a child who, during the time period covered
by the report or record, was in the home of the child who is the subject
of the report or record.
10j.
A court conducting proceedings under s. 938.21, a court conducting proceedings
relating to a petition under ch. 938 or a court conducting dispositional
proceedings under subch. VI of ch. 938 in which abuse or neglect of the
child who is the subject of the report or record is an issue.
10m.
A tribal court, or other adjudicative body authorized by a tribe or band
to perform child welfare functions, that exercises jurisdiction over children
and unborn children alleged to be in need of protection or services for
use in proceedings in which abuse or neglect of the child who is the subject
of the report or record or abuse of the unborn child who is the subject
of the report or record is an issue.
10r.
A tribal court, or other adjudicative body authorized by a tribe or band
to perform child welfare functions, that exercises jurisdiction over children
alleged to be in need of protection or services for use in proceedings
in which an issue is the substantial risk of abuse or neglect of a child
who, during the time period covered by the report or record, was in the
home of the child who is the subject of the report or record.
11.
The county corporation counsel or district attorney representing the interests
of the public, the agency legal counsel and the counsel or guardian ad
litem representing the interests of a child in proceedings under subd.
10., 10g or 10j and the guardian ad litem representing the interests of
an unborn child in proceedings under subd. 10.
11m.
An attorney representing the interests of an Indian tribe or band in proceedings
under subd. 10m. or 10r., of an Indian child in proceedings under subd.
10m. or 10r, or of an Indian unborn child in proceedings under subd. 10m.
11r.
A volunteer court-appointed special advocate designated under s. 48.236(1)
or person employed by a court-appointed special advocate program recognized
by the chief judge of a judicial administrative district under s. 48.07(5),
to the extent necessary for the court-appointed special advocate to perform
the advocacy services specified in s. 48.236(3) that the court-appointed
special advocate was designated to perform in proceedings related to a
petition under s. 48.13.
12.
A person engaged in bona fide research, with the permission of the department.
Information identifying subjects and reporters may not be disclosed to
the researcher.
13.
The department, a county department under s. 48.57(1)(e) or (hm) or a
licensed child welfare agency ordered to conduct a screening or an investigation
of a stepparent under s. 48.88(2)(c).
14.
A grand jury if it determines that access to specified records is necessary
for the conduct of its official business.
14m.
A judge conducting proceedings under s. 968.26.
15.
A child fatality review team recognized by 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.
15g.
A citizen review panel established or designated by the department or
a county department.
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