In addition, the bill provides that a CASA volunteer or employe is immune from
civil liability for any act or omission done in good faith within the scope of his or her
duty and authority as a CASA volunteer or employe.
Finally, under current law, beginning on October 1, 1998, a child welfare
agency, group home, shelter care facility, day care center or day care provider (entity)
may not hire or contract with a person who will be under the entity's control and who
is expected to have access to a child who receives services from the entity (client) if,
the entity knows or should have known that the person has been convicted of, or has
pending against him or her a charge for, a serious crime, as defined by DHFS by rule,
that is substantially related to the care of a client; that a unit of government or a state
agency has made a finding that the person has abused or neglected a client or
misappropriated the property of a client; that a determination has been made under
the child abuse reporting law that the person has abused or neglected a child; or that,
in the case of a position for which the person must be credentialed by the department
of regulation and licensing (DORL), the person's credential is not current or is limited
so as to restrict the person from providing adequate care to a client. Current law,
however, permits a person who otherwise may not be hired or contracted with by an
entity to demonstrate by clear and convincing evidence that he or she has been
rehabilitated. Under current law, before an entity may hire or contract with a person
who will be under the entity's control and who is expected to have access to the
entity's clients, and every 4 years, the entity must obtain a criminal history search
of the person, information that is contained in the client abuse registry maintained
by DHFS regarding any findings against the person, information maintained by
DORL regarding the person's credentials, if the person must be credentialed by
DORL, information maintained by DHFS regarding any substantiated reports of
child abuse or neglect against the person and information regarding any previous
denials to the person of a license, continuation of a license, certification, employment,
a contract with or permission to reside at an entity for a reason specified under
current law (criminal history and child abuse record search).
This bill extends current law that requires a criminal history and child abuse
record search and that prohibits certain persons from being hired, or contracted
with, by an entity to CASA programs. Under the bill, the county department, county
board, DHFS or licensed child welfare agency that recognizes a CASA program is
responsible for conducting, or for appointing an organization to conduct, criminal
history and child abuse record searches for all employes and contractors of the CASA
program who are under the control of the CASA program and who have access to the
clients of the CASA program and the county department, county board, DHFS, child
welfare agency, organization or CASA program is responsible for conducting those
searches for all volunteers of the CASA program who are under the control of the
CASA program and who have access to the clients of the CASA program.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB451, s. 1
1Section
1. 48.02 (2p) of the statutes is created to read:
SB451,5,22
48.02
(2p) "Court-appointed special advocate program" means a program that
3is recognized by a county board, a county department or, in a county having a
4population of 500,000 or more, the department or a licensed child welfare agency
1under contract with the department to perform advocacy services for a child who is
2the subject of a proceeding related to a petition under s. 48.13.
SB451, s. 2
3Section
2. 48.19 (1) (c) of the statutes is amended to read:
SB451,5,114
48.19
(1) (c) An order of the judge if made upon a showing satisfactory to the
5judge that the welfare of the child demands that the child be immediately removed
6from his or her present custody.
Refusal of the parent, guardian or legal custodian
7of a child or the child to permit a visual inspection of the child in violation of an
8informal disposition under s. 48.245 (2) (a) 5. or 6., a consent decree under s. 48.32
9(1m) (a) or an order under s. 48.345 (7) (a) constitutes a satisfactory showing under
10this paragraph. The order shall specify that the child be held in custody under s.
1148.207.
SB451, s. 3
12Section
3. 48.19 (1) (d) 8. of the statutes is created to read:
SB451,5,1613
48.19
(1) (d) 8. The parent, guardian or legal custodian of a child or the child
14refuses to permit a visual inspection of the child in violation of an informal
15disposition under s. 48.245 (2) (a) 5. or 6., a consent decree under s. 48.32 (1m) (a) or
16an order under s. 48.345 (7) (a).
SB451, s. 4
17Section
4. 48.245 (2) (a) 5. of the statutes is created to read:
SB451,5,2318
48.245
(2) (a) 5. That the child's parent, guardian or legal custodian and the
19child permit a designee of the agency supervising the child under the informal
20disposition to inspect the child visually immediately upon the request of the agency
21or designee, if the facts persuade the intake worker that the jurisdiction of the court,
22if sought, would exist under s. 48.13 (3) because the child has been the victim of
23abuse, as defined in s. 48.02 (1) (a) or (b).
SB451, s. 5
24Section
5. 48.245 (2) (a) 6. of the statutes is created to read:
SB451,6,7
148.245
(2) (a) 6. That the child's parent, guardian or legal custodian and the
2child permit a volunteer appointed by or an employe of a court-appointed special
3advocate program to inspect the child visually immediately upon the request of the
4volunteer or employe, if the facts persuade the intake worker that the jurisdiction
5of the court, if sought, would exist under s. 48.13 (3) because the child has been the
6victim of abuse, as defined in s. 48.02 (1) (a), and if the child is less than 6 years of
7age.
SB451, s. 6
8Section
6. 48.245 (2) (d) of the statutes is created to read:
SB451,6,169
48.245
(2) (d) 1. If a child or the parent, guardian or legal custodian of a child
10refuses to permit a visual inspection of the child in violation of an informal
11disposition under par. (a) 5. or 6., the individual who is refused permission to inspect
12the child visually shall, as soon as possible after the refusal, report the refusal to the
13agency supervising the child under the informal disposition. The agency may seek
14a court order under s. 48.19 (1) (c) for the immediate removal of the child from his
15or her present custody or may notify a law enforcement officer of the refusal and the
16law enforcement officer may take the child into custody under s. 48.19 (1) (d) 8.
SB451,6,2217
2. Notwithstanding that an informal disposition does not include the
18requirement specified in par. (a) 5., the agency supervising the child under the
19informal disposition or a designee of that agency may request the parent, guardian
20or legal custodian of the child and the child to permit a designee of the agency to
21inspect the child visually if the visual inspection of the child is necessary to provide
22appropriate protection or services for the child.
SB451, s. 7
23Section
7. 48.32 (1m) of the statutes is created to read:
SB451,7,424
48.32
(1m) (a) 1. If the petition alleges that the child is in need of protection
25or services under s. 48.13 (3) because the child has been the victim of abuse, as
1defined in s. 48.02 (1) (a) or (b), the consent decree may require that the child's parent,
2guardian or legal custodian and the child permit a designee of the agency supervising
3the child under the consent decree to inspect the child visually immediately upon the
4request of the agency or designee.
SB451,7,105
2. If the petition alleges that the child is in need of protection or services under
6s. 48.13 (3) because the child has been the victim of abuse, as defined in s. 48.02 (1)
7(a), and if the child is less than 6 years of age, the consent decree may require that
8the child's parent, guardian or legal custodian and the child permit a volunteer
9appointed by or an employe of a court-appointed special advocate program to inspect
10the child visually immediately upon the request of the volunteer or employe.
SB451,7,1811
(b) If a child or the parent, guardian or legal custodian of a child refuses to
12permit a visual inspection of the child in violation of a consent decree entered under
13par. (a), the individual who is refused permission to inspect the child visually shall,
14as soon as possible after the refusal, report the refusal to the agency supervising the
15child under the consent decree. The agency may seek a court order under s. 48.19
16(1) (c) for the immediate removal of the child from his or her present custody or may
17notify a law enforcement officer of the refusal and the law enforcement officer may
18take the child into custody under s. 48.19 (1) (d) 8.
SB451,7,2419
(c) Notwithstanding that a consent decree does not include the requirement
20specified in par. (a) 1., the agency supervising the child under the consent decree or
21a designee of that agency may request the parent, guardian or legal custodian of the
22child and the child to permit a designee of the agency to inspect the child visually if
23a visual inspection of the child is necessary to provide appropriate protection or
24services to the child.
SB451, s. 8
25Section
8. 48.345 (7) of the statutes is created to read:
SB451,8,6
148.345
(7) (a) 1. If the court finds that the child is in need of protection or
2services under s. 48.13 (3) because the child has been the victim of abuse, as defined
3in s. 48.02 (1) (a) or (b), the court may order that the child's parent, guardian or legal
4custodian and the child permit a designee of the agency primarily responsible for
5providing services to the child under the order to inspect the child visually
6immediately upon the request of the agency or designee.
SB451,8,127
2. If the court finds that the child is in need of protection or services under s.
848.13 (3) because the child has been the victim of abuse, as defined in s. 48.02 (1) (a),
9and if the child is less than 6 years of age, the court may order that the child's parent,
10guardian or legal custodian and the child permit a volunteer appointed by or an
11employe of a court-appointed special advocate program to inspect the child visually
12immediately upon the request of the volunteer or employe.
SB451,8,2013
(b) If a child or the parent, guardian or legal custodian of a child refuses to
14permit a visual inspection of the child in violation of an order entered under par. (a),
15the individual who is refused permission to inspect the child visually shall, as soon
16as possible after the refusal, report the refusal to the agency primarily responsible
17for providing services to the child under the order. The agency may seek a court order
18under s. 48.19 (1) (c) for the immediate removal of the child from his or her present
19custody or may notify a law enforcement officer of the refusal and the law
20enforcement officer may take the child into custody under s. 48.19 (1) (d) 8.
SB451,9,221
(c) Notwithstanding that an order under this section or under s. 48.363 or
2248.365 does not include the requirement specified in par. (a) 1., the agency primarily
23responsible for providing services to the child under the order or a designee of that
24agency may request the parent, guardian or legal custodian of the child and the child
1to permit a designee of the agency to inspect the child visually if a visual inspection
2of the child is necessary to provide appropriate protection or services to the child.
SB451, s. 9
3Section
9. 48.48 (17) (a) 12. of the statutes is created to read:
SB451,9,44
48.48
(17) (a) 12. Recognize court-appointed special advocate programs.
SB451, s. 10
5Section
10. 48.57 (1) (k) of the statutes is created to read:
SB451,9,66
48.57
(1) (k) To recognize court-appointed special advocate programs.
SB451, s. 11
7Section
11. 48.61 (8) of the statutes is created to read:
SB451,9,98
48.61
(8) To recognize court-appointed special advocate programs in a county
9having a population of 500,000 or more, if contracted to do so by the department.
SB451,9,2012
48.685
(2) (ag) (intro.) Notwithstanding s. 111.335, and except as provided in
13sub. (5), an entity may not hire or contract with a person who will be under the
14entity's control, as defined by the department by rule, and who is expected to have
15access to its clients, or permit to reside at the entity a person who is not a client and
16who is expected to have access to a client
and a court-appointed special advocate
17program may not hire or contract with, or appoint as a volunteer, a person who will
18be under its control, as defined by the department by rule, and who is expected to
19have access to its clients, if the entity or court-appointed special advocate program
20knows or should have known any of the following:
SB451, s. 13
21Section
13. 48.685 (2) (ag) (intro.) of the statutes, as affected by
1997
22Wisconsin Act 27, section
1664f, and 1997 Wisconsin Act .... (this act), is repealed and
23recreated to read:
SB451,9,2524
48.685
(2) (ag) (intro.) Notwithstanding s. 111.335, and except as provided in
25sub. (5), an entity may not employ or contract with a person who will be under the
1entity's control, as defined by the department by rule, and who has, or is expected to
2have, access to its clients, or permit to reside at the entity a person who is not a client
3and who has, or is expected to have, access to a client and a court-appointed special
4advocate program may not employ or contract with, or appoint as a volunteer, a
5person who will be under its control, as defined by the department by rule, and who
6has, or is expected to have, access to its clients, if the entity or court-appointed
7special advocate program knows or should have known any of the following:
SB451,10,2210
48.685
(2) (am) 5. Information maintained by the department under this
11section
, under section and under ss. 48.651 (2m) and
under s. 120.13 (14) regarding
12any denial to the person of a license, continuation of a license, certification or a
13contract to operate an entity for a reason specified in par. (a) 1. to 5.
and, regarding
14any denial to the person of employment at, a contract with or permission to reside
15at an entity for a reason specified in par. (ag) 1. to 5
. and regarding any denial to the
16person of employment at, a contract with or a volunteer appointment with a
17court-appointed special advocate program for a reason specified in par. (ag) 1. to 5.
18If the information obtained under this subdivision indicates that the person has been
19denied a license, continuation of a license, certification, a contract,
a volunteer
20appointment, employment or permission to reside as described in this subdivision,
21the department, a county department or a school board need not obtain the
22information specified in subds. 1. to 4.
SB451,11,12
148.685
(2) (b) 1. e. Information maintained by the department under this
2section
, under section and under ss. 48.651 (2m) and
under s. 120.13 (14) regarding
3any denial to the person of a license, continuation of a license, certification or a
4contract to operate an entity for a reason specified in par. (a) 1. to 5.
and, regarding
5any denial to the person of employment at, a contract with or permission to reside
6at an entity for a reason specified in par. (ag) 1. to 5
. and regarding any denial to the
7person of employment at, a contract with or a volunteer appointment with a
8court-appointed special advocate program for a reason specified in par. (ag) 1. to 5.
9If the information obtained under this subd. 1. e. indicates that the person has been
10denied a license, continuation of a license, certification, a contract,
a volunteer
11appointment, employment or permission to reside as described in this subd. 1. e., the
12entity need not obtain the information specified in subd. 1. a. to d.
SB451, s. 16
13Section
16. 48.685 (2) (b) 1m. of the statutes is created to read:
SB451,11,2314
48.685
(2) (b) 1m. Subject to subds. 1m. e., 2. and 3., a county department,
15county board or, in a county having a population of 500,000 or more, the department
16or a licensed child welfare agency under contract with the department that has
17recognized a court-appointed special advocate program under s. 48.48 (17) (a) 12.,
1848.57 (1) (k), 48.61 (8) or 59.53 (7m) shall obtain, or shall appoint an organization to
19obtain, all of the following with respect to a prospective employe or contractor of the
20court-appointed special advocate program and that county department, county
21board, department, licensed child welfare agency, organization or court-appointed
22special advocate program shall obtain all of the following with respect to a
23prospective volunteer of the court-appointed special advocate program:
SB451,11,2524
a. A criminal history search from the records maintained by the department
25of justice.
SB451,12,2
1b. Information that is contained in the registry under s. 146.40 (4g) regarding
2any findings against the person.
SB451,12,43
c. Information maintained by the department of regulation and licensing
4regarding the status of the person's credentials, if applicable.
SB451,12,65
d. Information maintained by the department regarding any substantiated
6reports of child abuse or neglect against the person.
SB451,12,197
e. Information maintained by the department under this section and under ss.
848.651 (2m) and 120.13 (14) regarding any denial to the person of a license,
9continuation of a license, certification or a contract to operate an entity for a reason
10specified in par. (a) 1. to 5., regarding any denial to the person of employment at, a
11contract with or permission to reside at an entity for a reason specified in par. (ag)
121. to 5. and regarding any denial to the person of employment at, a contract with or
13a volunteer appointment with a court-appointed special advocate program for a
14reason specified in par. (ag) 1. to 5. If the information obtained under this subd. 1.
15e. indicates that the person has been denied a license, continuation of a license,
16certification, a contract, a volunteer appointment, employment or permission to
17reside as described in this subd. 1. e., the county department, county board,
18department, child welfare agency, organization or court-appointed special advocate
19program need not obtain the information specified in subd. 1. a. to d.
SB451, s. 17
20Section
17. 48.685 (2) (b) 1p. of the statutes is created to read:
SB451,12,2421
48.685
(2) (b) 1p. A person who is required to obtain the information specified
22in sub. 1m. a. to e. shall provide the department with information about each person
23who is denied employment, a contract or a volunteer appointment for a reason
24specified in par. (ag) 1. to 5.
SB451,13,73
48.685
(2) (b) 2.
Subdivision 1. does
Subdivisions 1. and 1m. do not apply with
4respect to a person with whom the entity
or court-appointed special advocate
5program contracts or whom the entity
or court-appointed special advocate program 6employs to perform infrequent or sporadic services, including maintenance services
7and other services that are not directly related to the care of a client.
SB451,13,1910
48.685
(2) (b) 3.
Subdivision 1. does
Subdivisions 1. and 1m. do not apply with
11respect to a person under 18 years of age whose background information form under
12sub. (6) (am)
or (ap) indicates that the person is not ineligible to be employed,
13contracted with or permitted to reside at the entity
, or to be employed, contracted
14with or appointed as a volunteer with the court-appointed special advocate program, 15for a reason specified in par. (ag) 1. to 5. and with respect to whom the entity
or
16court-appointed special advocate program otherwise has no reason to believe that
17the person is ineligible to be employed, contracted with or permitted to reside at the
18entity
, or to be employed, contracted with or appointed as a volunteer with the
19court-appointed special advocate program, for any of those reasons.
SB451,14,1122
48.685
(2) (bg) If an entity
or a court-appointed special advocate program takes
23an action specified in par. (ag) (intro.) with respect to a person for whom, within the
24last 4 years, the information required under par. (b) 1. a. to c. and e.
or 1m. a. to c.
25and e. has already been obtained, either by another entity
or court-appointed special
1advocate program or by a temporary employment agency, the entity
or
2court-appointed special advocate program may obtain the information required
3under par. (b) 1. a. to c. and e.
or 1m. a. to c. and e. from that other entity
,
4court-appointed special advocate program or temporary employment agency, which
5shall provide the information, if possible, to the entity
or court-appointed special
6advocate program. If an entity
or a court-appointed special advocate program 7cannot obtain the information required under par. (b) 1. a. to c. and e.
or 1m. a. to c.
8and e. from another entity
or court-appointed special advocate program or from a
9temporary employment agency, the entity
or court-appointed special advocate
10program shall obtain that information from the sources specified in par. (b) 1. a. to
11c. and e.
or 1m. a. to c. and e.
SB451,14,2114
48.685
(2) (bm) If the person who is the subject of the search under par. (am)
15or (b) 1.
or 1m. is not a resident of this state, or if at any time within the 3 years
16preceding the date of the search that person has not been a resident of this state, the
17department, county department, school board or entity
person who is required to
18conduct the search under par. (am) or (b) 1. or 1m. shall make a good faith effort to
19obtain from any state in which the person is a resident or was a resident within the
203 years preceding the date of the search information that is equivalent to the
21information specified in par. (am) 1. or (b) 1. a.
or 1m. a.
SB451,15,1124
48.685
(2) (c) If the background information form completed by a person under
25sub. (6) (am)
or (ap) indicates that the person is not ineligible to be employed,
1contracted with or permitted to reside at an entity
, or to be employed, contracted with
2or permitted to volunteer with a court-appointed special advocate program, for a
3reason specified in par. (ag) 1. to 5., an entity may employ or contract with the person
4or permit the person to reside at the entity
, and a court-appointed special advocate
5program may employ, contract with or permit to volunteer with the court-appointed
6special advocate program, for not more than 60 days pending the receipt of the
7information sought under par. (b) 1.
or 1m. An entity shall provide supervision for
8a person who is employed, contracted with or permitted to reside as permitted under
9this paragraph
and a court-appointed special advocate program shall provide
10supervision for a person who is employed, contracted with or permitted to volunteer
11as permitted under this paragraph.
SB451, s. 23
12Section
23. 48.685 (3) (c) of the statutes is created to read:
SB451,15,1613
48.685
(3) (c) Every 4 years or at any time within that period that a person
14required to obtain the information specified in sub. (2) (b) 1m. a. to e. considers
15appropriate, that person shall request that information for all persons who are
16employes, contractors or volunteers of a court-appointed special advocate program.
SB451,16,219
48.685
(3m) Notwithstanding subs. (2) (b) 1.
and 1m. and (3) (b)
and (c), if the
20department, a county department or a school board has obtained the information
21required under sub. (2) (am) or (3) (a) with respect to a person specified in sub. (2)
22(a) (intro.) and that person is also an employe, contractor or resident of an entity,
or
23is also an employe, contractor or volunteer of a court-appointed special advocate
24program, the entity
or person who is required to obtain the information under sub.
1(2) (b) 1m. or (3) (c) is not required to obtain the information specified in sub. (2) (b)
21.
or 1m. or (3) (b)
or (c) with respect to that person.
SB451,16,75
48.685
(4) An entity
or a court-appointed special advocate program that
6violates sub. (2) or (3) may be required to forfeit not more than $1,000 and may be
7subject to other sanctions specified by the department by rule.
SB451,16,2410
48.685 (5) (intro.) The department may license to operate an entity, a county
11department may certify under s. 48.651 and a school board may contract with under
12s. 120.13 (14) a person who otherwise may not be licensed, certified or contracted
13with for a reason specified in sub. (2) (a) 1. to 5.,
and an entity may employ, contract
14with or permit to reside at the entity a person who otherwise may not be employed,
15contracted with or permitted to reside at the entity for a reason specified in sub. (2)
16(ag) 1. to 5.
and a court-appointed special advocate program may employe, contract
17with or appoint as a volunteer a person who otherwise may not be employed,
18contracted with or appointed as a volunteer of the court-appointed special advocate
19program for a reason specified in sub. (2) (ag) 1. to 5., if the person demonstrates to
20the department,
the county department
or the, licensed child welfare agency, county
21board or school board by clear and convincing evidence and in accordance with
22procedures established by the department by rule that he or she has been
23rehabilitated. No person who has been convicted of any of the following offenses may
24be permitted to demonstrate that he or she has been rehabilitated:
SB451,17,83
48.685
(5c) (a) Any person who is permitted but fails under sub. (5) to
4demonstrate to the department
or to a licensed child welfare agency that he or she
5has been rehabilitated may appeal to the secretary of health and family services or
6his or her designee. Any person who is adversely affected by a decision of the
7secretary or his or her designee under this paragraph has a right to a contested case
8hearing under ch. 227.
SB451, s. 28
9Section
28. 48.685 (5c) (bm) of the statutes is created to read:
SB451,17,1710
48.685
(5c) (bm) Any person who is permitted but fails under sub. (5) to
11demonstrate to the county board that he or she has been rehabilitated may appeal
12to the chairperson of the county board or his or her designee or, in a county that has
13a county executive or a county administrator, to the county executive or county
14administrator or his or her designee. Any person who is adversely affected by a
15decision of the chairperson of the county board, the county executive, the county
16administrator or his or her designee under this paragraph has a right to appeal the
17decision under ch. 68.
SB451,18,620
48.685
(5m) Notwithstanding s. 111.335, the department may refuse to license
21a person to operate an entity, a county department may refuse to certify a day care
22provider under s. 48.651, a school board may refuse to contract with a person under
23s. 120.13 (14),
and an entity may refuse to employ, contract with or permit to reside
24at the entity a person specified in sub. (2) (ag) (intro.)
and a court-appointed special
25advocate program may refuse to employe, contract with or appoint as a volunteer a
1person specified in sub. (2) (ag) (intro.) if the person has been convicted of an offense
2that the department has not defined as a "serious crime" by rule promulgated under
3sub. (7) (a), or specified in the list established by rule under sub. (7) (b), but that is,
4in the estimation of the department, county department,
licensed child welfare
5agency, county board, school board or entity, substantially related to the care of a
6client.
SB451, s. 30
7Section
30. 48.685 (6) (ap) of the statutes is created to read:
SB451,18,138
48.685
(6) (ap) Every 4 years a court-appointed special advocate program shall
9require all employes, prospective employes, contractors, prospective contractors,
10volunteers and prospective volunteers who will be under the control of the
11court-appointed special advocate program and who have, or are expected to have,
12access to its clients to complete a background information form that is provided by
13the department.
SB451,18,2316
48.685
(6) (b) For persons specified under par. (a) who are regulated, licensed
17or certified by, or registered with, the department, for persons specified in par. (am)
182., and for other persons specified by the department by rule, the entity shall send
19the background information form to the department. For all other persons specified
20in par. (a) and for persons specified under par. (am) 1.
or (ap), the entity
or
21court-appointed special advocate program shall maintain the background
22information form on file for inspection by the department
, county department,
23county board, licensed child welfare agency or school board, whichever is applicable.
SB451,19,9
148.981
(7) (a) 11r. A volunteer appointed
or person employed by
or an employe
2of a court-appointed special advocate program
recognized by the county board or the
3county department or, in a county having a population of 500,000 or more, the
4department or a licensed child welfare agency under contract with the department,
5to the extent necessary to perform the advocacy services in proceedings related to a
6petition under s. 48.13 for which the court-appointed special advocate program is
7recognized by the county board, county department or
, in a county having a
8population of 500,000 or more, the department or a licensed child welfare agency
9under contract with the department.
SB451, s. 33
10Section
33. 59.53 (7m) of the statutes is created to read:
SB451,19,1311
59.53
(7m) Court-appointed special advocate programs. The board may
12recognize court-appointed special advocate programs to perform advocacy services
13for a child who is the subject of a proceeding related to a petition under s. 48.13.
SB451, s. 34
14Section
34. 895.56 of the statutes is created to read:
SB451,19,21
15895.56 Civil liability exemption; court-appointed special advocates. 16(1) In this section, "court-appointed special advocate program" means a program
17that is recognized by a county board, a county department, as defined in s. 48.02 (2g),
18or, in a county having a population of 500,000 or more, the department of health and
19family services or a licensed child welfare agency under contract with that
20department to perform advocacy services for a child who is the subject of a proceeding
21related to a petition under s. 48.13.
SB451,20,2
22(2) Any volunteer appointed by or employe of a court-appointed special
23advocate program is immune from civil liability for any act or omission of the
24volunteer or employe done within the scope of his or her duty and authority as a
1volunteer appointed by or an employe of the court-appointed special advocate
2program.
SB451,20,10
3(3) The immunity under sub. (2) does not apply if the act or omission of the
4volunteer appointed by or the employe of the court-appointed special advocate
5program was not done in good faith. The good faith of a volunteer appointed by or
6an employe of a court-appointed special advocate program acting within the scope
7of his or her duty and authority as a volunteer appointed by or an employe of the
8court-appointed special advocate program is presumed in a civil action. Any person
9who asserts that a volunteer appointed by or an employe of a court-appointed special
10advocate program did not act in good faith has the burden of proving that assertion.
SB451, s. 35
11Section
35.
Effective dates. This act takes effect on the day after publication,
12except as follows:
