SB284,10,184 48.62 (2) A relative as defined in s. 48.02 (15) or as specified in s. 49.19 (1) (a)
5or a guardian of a child, who provides care and maintenance for a the child, is not
6required to obtain the license specified in this section. The department, county
7department, or licensed child welfare agency as provided in s. 48.75 may issue a
8license to operate a foster home or a treatment foster home to a relative who has no
9duty of support under s. 49.90 (1) (a) and who requests a license to operate a foster
10home or treatment foster home for a specific child who is either placed by court order
11or who is the subject of a voluntary placement agreement under s. 48.63. The
12department, a county department, or a licensed child welfare agency may, at the
13request of a guardian appointed under s. 48.977 or 48.978 or ch. 880, license the
14guardian's home as a foster home or treatment foster home for the guardian's minor
15ward who is living in the home and who is placed in the home by court order.
16Relatives with no duty of support and guardians appointed under s. 48.977 or 48.978
17or ch. 880 who are licensed to operate foster homes or treatment foster homes are
18subject to the department's licensing rules.

SB284,10,2220 48.75 (1g) (a) 1. The person who will be licensed to operate the foster home is
21a relative, as defined in s. 48.02 (15) or as specified in s. 49.19 (1) (a) 2. a., or a
22guardian of the child who will be placed in the foster home.

SB284,10,2524 48.977 (1) Definition. In this section, "relative" means a relative as defined
25in s. 48.02 (15) or a person specified in s. 48.57 (3m) (a) 2 other than a parent.

SB284,11,84 48.981 (3) (a) 2. (intro.) The sheriff or police department shall within 12 hours,
5exclusive of Saturdays, Sundays, or legal holidays, refer to the county department
6or, in a county having a population of 500,000 or more, the department or a licensed
7child welfare agency under contract with the department all of the following types
8of cases reported to it. the sheriff or police department:

SB284,11,11 92g. The county department, department, or licensed child welfare agency may
10require that a subsequent report of a case referred under subd. 2. or 2d. be made in
11writing.

SB284,11,1413 48.981 (3) (a) 2. a. Cases in which a caregiver is suspected of abuse or neglect
14or of threatened abuse or neglect of a child.

SB284,11,1816 48.981 (3) (a) 2. b. Cases in which a caregiver is suspected of facilitating or
17failing to take action to prevent the suspected or threatened abuse or neglect of a
18child.

SB284,11,2120 48.981 (3) (a) 2. c. Cases in which it cannot be determined who abused or
21neglected or threatened to abuse or neglect a child.

SB284,11,2523 48.981 (3) (a) 2. d. Cases in which there is reason to suspect that an unborn
24child has been abused or there is reason to believe that an unborn child is at
25substantial risk of abuse.

SB284,12,62 48.981 (3) (a) 2d. The sheriff or police department may refer to the county
3department or, in a county having a population of 500,000 or more, the department
4or a licensed child welfare agency under contract with the department a case
5reported to the sheriff or police department in which a person who is not a caregiver
6is suspected of abuse or neglect or of threatened abuse or neglect of a child.

SB284,13,59 48.981 (3) (c) 1. a. Within 24 hours Immediately after receiving a report under
10par. (a), the agency shall evaluate the report to determine whether there is reason
11to suspect that a caregiver has abused or neglected the child, has threatened the child
12with abuse or neglect, or has facilitated or failed to take action to prevent the
13suspected or threatened abuse or neglect of the child. If the agency determines that
14a caregiver is suspected of abuse or neglect or of threatened abuse or neglect of the
15child, determines that a caregiver is suspected of facilitating or failing to take action
16to prevent the suspected or threatened abuse or neglect of the child, or cannot
17determine who abused or neglected the child, within 24 hours after receiving the
18report the agency shall, in accordance with the authority granted to the department
19under s. 48.48 (17) (a) 1. or the county department under s. 48.57 (1) (a), initiate a
20diligent investigation to determine if the child or unborn child is in need of protection
21or services. The If the agency determines that a person who is not a caregiver is
22suspected of abuse or neglect or of threatened abuse or neglect, the agency may, in
23accordance with that authority, initiate a diligent investigation to determine if the
24child is in need or protection or services. Within 24 hours after receiving a report
25under par. (a) of suspected unborn child abuse, the agency, in accordance with that

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1authority, shall initiate a diligent investigation to determine if the unborn child is
2in need of protection or services. An investigation under this subd. 1. a. shall be
3conducted in accordance with standards established by the department for
4conducting child abuse and neglect investigations or unborn child abuse
5investigations.

SB284,13,23 6b. If the investigation is of a report of child abuse or neglect or of threatened
7child abuse or neglect by a caregiver specified in sub. (1) (am) 5. to 8. who continues
8to have access to the child or a caregiver specified in sub. (1) (am) 1. to 4., or of a report
9that does not disclose who is suspected of the child abuse or neglect and in which the
10investigation does not disclose who abused or neglected the child, the investigation
11shall also include observation of or an interview with the child, or both, and, if
12possible, an interview with the child's parents, guardian, or legal custodian. If the
13investigation is of a report of child abuse or neglect or threatened child abuse or
14neglect by a caregiver who continues to reside in the same dwelling as the child, the
15investigation shall also include, if possible, a visit to that dwelling. At the initial visit
16to the child's dwelling, the person making the investigation shall identify himself or
17herself and the agency involved to the child's parents, guardian, or legal custodian.
18The agency may contact, observe, or interview the child at any location without
19permission from the child's parent, guardian, or legal custodian if necessary to
20determine if the child is in need of protection or services, except that the person
21making the investigation may enter a child's dwelling only with permission from the
22child's parent, guardian, or legal custodian or after obtaining a court order
23permitting the person to do so.

SB284,14,15

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148.981 (3) (c) 4. The county department or, in a county having a population of
2500,000 or more, the department or a licensed child welfare agency under contract
3with the department shall determine, within 60 days after receipt of a report that the
4county department, department, or licensed child welfare agency investigates under
5subd. 1., whether abuse or neglect has occurred or is likely to occur. The
6determination shall be based on a preponderance of the evidence produced by the
7investigation. A determination that abuse or neglect has occurred may not be based
8solely on the fact that the child's parent, guardian, or legal custodian in good faith
9selects and relies on prayer or other religious means for treatment of disease or for
10remedial care of the child. In making a determination that emotional damage has
11occurred, the county department or, in a county having a population of 500,000 or
12more, the department or a licensed child welfare agency under contract with the
13department shall give due regard to the culture of the subjects. This subdivision does
14not prohibit a court from ordering medical services for the child if the child's health
15requires it.

SB284,14,2317 938.02 (15) "Relative" means a parent, grandparent, greatgrandparent,
18stepparent, brother, sister, stepbrother, stepsister, half brother, half sister,
19brother-in-law, sister-in-law, first cousin, 2nd cousin, nephew, niece, uncle, or
20aunt, stepuncle, stepaunt, or any person of a preceding generation as denoted by the
21prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption,
22or the spouse of any person named in this subsection, even if the marriage is
23terminated by death or divorce.