SB475,3,72 48.981 (1) (bm) "Day care setting" means a place, other than a child's dwelling,
3in which a day care provider that holds a license under s. 48.65 or a probationary li
4cense under s. 48.69, that is certified under s. 48.651 or that is established or con
5tracted for under s. 120.13 (14) or any other person, including a person who provides
6care and supervision for less than 4 children, provides care and supervision for chil
7dren under 7 years of age for less than 24 hours a day.

SB475,4,233 48.981 (2) Persons required to report. A physician, coroner, medical examin
4er, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental
5health professional, social worker, marriage and family therapist, professional coun
6selor, public assistance worker, school teacher, administrator or counselor, mediator
7under s. 767.11, child care worker in a day care center intake worker, person who pro
8vides care and supervision or other services for a child in a child welfare agency, fos
9ter home, treatment foster home, group home, shelter care facility, day care setting
10or child caring institution, day care provider, alcohol or other drug abuse counselor,
11member of the treatment staff employed by or working under contract with a county
12department under s. 46.23, 51.42 or 51.437, physical therapist, occupational thera
13pist, dietitian, speech-language pathologist, audiologist, emergency medical techni
14cian or police or law enforcement officer having reasonable cause to suspect that a
15child seen in the course of professional duties has been abused or neglected or having
16reason to believe that a child seen in the course of professional duties has been
17threatened with abuse or neglect and that abuse or neglect of the child will occur
18shall, except as provided under sub. (2m), report as provided in sub. (3). Any other
19person, including an attorney, having reason to suspect that a child has been abused
20or neglected or reason to believe that a child has been threatened with abuse or ne
21glect and that abuse or neglect of the child will occur may make such a report. No
22person making a report under this subsection may be discharged from employment
23for so doing.

SB475,6,5

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148.981 (3) (c) 1. Within 24 hours after receiving a report under par. (a), the
2county department or licensed child welfare agency under contract with the county
3department shall, in accordance with the authority granted to the county depart
4ment under s. 48.57 (1) (a), initiate a diligent investigation to determine if the child
5is in need of protection or services. The investigation shall be conducted in accor
6dance with standards established by the department for conducting child abuse and
7neglect investigations. If the investigation is of a report of abuse or neglect or threat
8ened abuse or neglect by a caregiver specified in sub. (1) (am) 5. to 8. who continues
9to have access to the child or a caregiver specified in sub. (1) (am) 1. to 4., or of a report
10that does not disclose who is suspected of the abuse or neglect and in which the inves
11tigation does not disclose who abused or neglected the child, the investigation shall
12also include observation of or an interview with the child, or both, and, if possible,
13an interview with the child's parents, guardian or legal custodian. If the investiga
14tion is of a report of abuse or neglect suspected or threatened abuse or neglect by a
15caregiver who continues to reside in the same dwelling as the child, the investigation
16shall also include, if possible, a visit to that dwelling. If the investigation is of a report
17of suspected or threatened abuse or neglect in a day care setting, the investigation
18shall also include, if possible, a visit to the day care setting and an interview with any
19person who had access to the child in the day care setting. At the initial visit to the
20child's dwelling or day care setting, the person making the investigation shall identi
21fy himself or herself and the county department or licensed child welfare agency in
22volved to the child's parents, guardian or legal custodian or to the person responsible
23for the child's care in the day care setting. The county department or licensed child
24welfare agency under contract with the county department may contact, observe or
25interview the child at any location without permission from the child's parent, guard

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1ian or legal custodian if necessary to determine if the child is in need of protection
2or services, except that the person making the investigation may enter a child's
3dwelling or a day care setting only with permission from the child's parent, guardian
4or legal custodian or the person responsible for the child's care in the day care setting
5or after obtaining a court order to do so.

SB475,6,127 48.981 (3) (c) 2. a. If the person making the investigation is an employe of the
8county department and he or she determines that it is consistent with the child's best
9interest in terms of physical safety and physical health to remove the child from his
10or her home dwelling or day care setting for immediate protection, he or she shall
11take the child into custody under s. 48.08 (2) or 48.19 (1) (c) and deliver the child to
12the intake worker under s. 48.20.

SB475,6,1913 b. If the person making the investigation is an employe of a licensed child wel
14fare agency which is under contract with the county department and he or she deter
15mines that any child in the home dwelling or day care setting requires immediate
16protection, he or she shall notify the county department of the circumstances and to
17gether with an employe of the county department shall take the child into custody
18under s. 48.08 (2) or 48.19 (1) (c) and deliver the child to the intake worker under s.
1948.20.

SB475,6,2321 48.981 (3) (c) 4m. If a report under par. (a) of suspected or threatened abuse
22or neglect in a day care setting is substantiated under subd. 4., the county depart
23ment shall do all of the following:

SB475,7,424 a. Determine whether any child who is receiving care and supervision in the
25day care setting is at risk of abuse or neglect and, if a child in the day care setting

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1is at risk of abuse or neglect and requires immediate protection, remove the child
2from the day care setting under subd. 2. and require the person responsible for the
3day care setting to ameliorate immediately and permanently the circumstances or
4conditions that placed the child at risk of abuse or neglect.

SB475,7,105 b. Require the person responsible for the day care setting to provide to the
6county department the name of every child who is currently, or was at the time the
7report under par. (a) was made, receiving care and supervision in the day care setting
8and who may have had direct contact while in the day care setting with the person
9who is suspected of the abuse or neglect or who has been determined to have abused
10or neglected a child.

SB475,7,1311 c. Require the person responsible for the day care setting to provide to the
12county department the name and address of the parent, guardian or legal custodian
13of every child identified under subd. 4m. b.

SB475,7,1514 d. Ensure that the information specified in sub. (7) (cg) is provided to the par
15ents, guardians or legal custodians specified in subd. 4m. c. as soon as possible.

SB475,7,2216 e. Advise the parent, guardian or legal custodian of any child who is removed
17from the day care setting under subd. 2. whether the person responsible for the day
18care setting has ameliorated the circumstances or conditions that placed the child
19at risk of abuse or neglect and provide the parent, guardian or legal custodian with
20the name of a person at the county department whom the parent, guardian or legal
21custodian may contact if the parent, guardian or legal custodian has any concerns
22relating to his or her child.

SB475,8,3

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148.981 (6) (b) Any person responsible for a day care setting who fails to provide
2the information required under sub. (3) (c) 4m. b. may be required to forfeit not more
3than $1,000.

SB475,8,105 48.981 (7) (a) (intro.) All reports made under this section, notices provided un
6der sub. (3) (bm) and records maintained by the department, county departments or
7licensed child welfare agencies under contract with the county departments and oth
8er persons, officials and institutions shall be confidential. Reports Subject to any
9conditions specified in subds. 1. to 14., reports and records may shall be disclosed
10only to the following persons on request:

SB475,8,2012 48.981 (7) (cd) Notwithstanding par. (a), if following a report under sub. (3) (a)
13of suspected or threatened abuse or neglect in a day care setting a child who is receiv
14ing care and supervision in the day care setting is taken into custody under s. 48.08
15(2) or 48.19 (1) (c) or (d) 5. and delivered to the intake worker under s. 48.20, the in
16take worker shall inform the parent, guardian or legal custodian of the child that a
17report under sub. (3) (a) was received and that the child was taken into custody under
18s. 48.08 (2) or 48.19 (1) (c) or (d) 5., whichever is applicable. An intake worker may
19disclose no other information under this paragraph relating to a report except as per
20mitted under this paragraph.

SB475,9,222 48.981 (7) (cg) Notwithstanding par. (a), if a report under sub. (3) (a) of sus
23pected or threatened abuse or neglect in a day care setting is substantiated under
24sub. (3) (c) 4., the county department shall ensure that the parent, guardian or legal

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1custodian of every child identified under sub. (3) (c) 4m. b. is informed as soon as pos
2sible of all of the following:

SB475,9,53 1. That the county department received and investigated a report of suspected
4or threatened abuse or neglect in the day care setting and that, based on a preponder
5ance of evidence produced by the investigation, the report was substantiated.

SB475,9,76 2. The nature or type of abuse or neglect that occurred at the day care setting
7and when that abuse or neglect occurred.

SB475,9,98 3. Whether the person who is suspected of the abuse or neglect is an adult or
9a child.

SB475,9,1110 4. Whether the circumstances or conditions that caused or contributed to the
11abuse or neglect have been ameliorated.

SB475,9,1413 813.122 (1) (ar) "Care or services setting" means a place, other than a child's
14dwelling, in which a child receives any type of care or services.

SB475,9,1916 813.122 (1) (d) "Child victim advocate" means any person who counsels child
17victims or potential victims, assists child victims or potential victims in coping with
18the impact of the crime or otherwise acts in support of child victims or potential vic
19tims.

SB475,9,2321 813.122 (1) (g) "Potential child victim" means a child who is receiving care or
22services in the same care or services setting as a child who is the victim or the alleged
23victim of abuse in that care or services setting.

SB475,10,15

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1813.122 (2) Commencement of action and response. No action under this sec
2tion may be commenced by complaint and summons. An action under this section
3may be commenced only by a petition described under sub. (6) (a). The action com
4mences with service of the petition upon the respondent if a copy of the petition is
5filed before service or promptly after service. The For abuse that is alleged to have
6occurred in a place other than a care or services setting, the child victim or a parent,
7stepparent or, legal guardian or legal custodian, as defined in s. 48.02 (11), of the
8child victim may be a petitioner under this section. For abuse that is alleged to have
9occurred in a care or services setting, the child victim, a potential child victim, the
10parent, stepparent, legal guardian or legal custodian, as defined in s. 48.02 (11), of
11the child victim or a potential child victim, the district attorney, or the county depart
12ment under s. 46.215, 46.22 or 46.23 may be a petitioner under this section. Section
13813.06 does not apply to an action under this section. The respondent may respond
14to the petition either in writing before or at the hearing on the issuance of the injunc
15tion or orally at that hearing.

SB475,10,1817 813.122 (3) (b) 1. That a guardian ad litem be appointed for the child victim or
18a potential child victim in accordance with s. 48.235.

SB475,10,2120 813.122 (3) (bm) The court or court commissioner shall appoint a guardian ad
21litem if the respondent is a parent of the child victim or a potential child victim.

SB475,10,2423 813.122 (3) (c) An action under this section may pertain to more than one child
24victim or potential child victim.

SB475,11,13

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1813.122 (4) (a) (intro.) A judge or court commissioner shall issue a temporary
2restraining order ordering the respondent to avoid the child victim's residence or any
3premises temporarily occupied by the child victim or both, and to avoid contacting
4or causing any person other than a party's attorney to contact the child victim unless
5the petitioner consents in writing and the judge or court commissioner agrees that
6the contact is in the best interests of the child victim, ; and, if the petition alleges that
7the abuse occurred in a care or services setting, to stop providing care or services for
8children, to avoid the residence of or any premises temporarily occupied by the child
9victim, a potential child victim or any other child and to avoid contacting or causing
10any person other than a party's attorney to contact the child victim, a potential child
11victim or any other child unless the petitioner consents in writing and the judge or
12court commissioner agrees that the contact is in the best interests of the child victim,
13the potential child victim or the other child; if all of the following occur:

SB475,11,2115 813.122 (4) (a) 2. The judge or court commissioner finds reasonable grounds
16to believe that the respondent has engaged in, or based on prior conduct of the child
17victim and the respondent may engage in, abuse of the child victim or, if the alleged
18abuse occurred in a care or services setting, the judge or court commissioner finds
19reasonable grounds to believe that the respondent has engaged in abuse of the child
20victim or, based on prior conduct of the child victim and the respondent, may engage
21in abuse of the child victim, a potential child victim or any other child.

SB475,12,1023 813.122 (5) (a) (intro.) A judge may grant an injunction ordering the respon
24dent to avoid the child victim's residence or any premises temporarily occupied by the
25child victim or both, and to avoid contacting or causing any person other than a

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1party's attorney to contact the child victim unless the petitioner consents to that con
2tact in writing and the judge agrees that the contact is in the best interests of the
3child victim,; and, if the petition alleges that the abuse occurred in a care services
4setting, to stop providing care or services for children, to avoid the residence of or any
5premises temporarily occupied by the child victim, a potential child victim or any oth
6er child and to avoid contacting or causing any person other than a party's attorney
7to contact the child victim, a potential child victim or any other child unless the peti
8tioner consents in writing and the judge or court commissioner agrees that the con
9tact is in the best interests of the child victim, the potential child victim or the other
10child; if all of the following occur:

SB475,12,1812 813.122 (5) (a) 3. After hearing, the judge finds reasonable grounds to believe
13that the respondent has engaged in, or based upon prior conduct of the child victim
14and the respondent may engage in, abuse of the child victim or, if the alleged abuse
15occurred in a care or services setting, after hearing, the judge finds reasonable
16grounds to believe that the respondent has engaged in abuse of the child victim or,
17based on prior conduct of the child victim and the respondent, may engage in abuse
18of the child victim, a potential child victim or any other child.

SB475,12,2520 813.122 (5) (d) 1. An injunction under this subsection is effective according to
21its terms, but except that an injunction restraining abuse in a place other than a care
22or services setting is effective for not more than 2 years or until the child victim at
23tains 18 years of age, whichever occurs first and an injunction restraining abuse in
24a care or services setting is effective for such time as the court may consider appropri
25ate, based on the evidence.

SB475,13,92 813.122 (5) (d) 2. When an injunction in effect for less than 6 months expires,
3the court shall extend the injunction if the petitioner states that an extension is nec
4essary to protect the child victim. This An extension of an injunction restraining
5abuse in a place other than a care or services setting shall remain in effect until 6
6months after the date the court first entered the injunction or until the child attains
718 years of age, whichever occurs first. An extension of an injunction restraining
8abuse in a care or services setting shall remain in effect for such time as the court
9considers appropriate, based on the evidence.

SB475,13,1811 813.122 (5) (d) 3. If the petitioner states that an extension of an injunction re
12straining abuse in a place other than a care or services setting is necessary to protect
13the child victim, the court may extend the injunction for not more than 2 years or un
14til the child victim attains 18 years of age, whichever occurs first. If the petitioner
15states that an extension of an injunction restraining abuse in a care or services set
16ting is necessary to protect the child victim, a potential child victim or any other
17child, the court may extend the injunction for such time as the court considers ap
18propriate, based on the evidence.

SB475,13,2220 813.122 (6) (a) 1. The name of the petitioner and the child victim or, if the peti
21tion alleges that the abuse occurred in a care or services setting, the name of the peti
22tioner, the child victim and any potential child victim.

SB475,14,424 813.122 (6) (a) 3. That the respondent engaged in, or, based on prior conduct
25of the respondent and the child victim, may engage in, abuse of the child victim or,

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1if the petition alleges that the abuse occurred in a care or services setting, that the
2respondent engaged in abuse of the child victim or, based on prior conduct of the child
3victim and the respondent, may engage in abuse of the child victim, a potential child
4victim or any other child.

SB475,14,106 813.122 (7) Contact. Any order under this section directing a person to avoid
7contact with a child victim, a potential child victim or any other child prohibits the
8person from knowingly touching, meeting, communicating or being in visual or audio
9contact with the child victim, potential child victim or other child except as provided
10in any modifications of the order under sub. (5) (b).