Under current federal law, to be eligible for a grant under the Child Abuse
Prevention and Treatment Act (commonly referred to as "CAPTA"), a state must have
in effect a state plan that includes, among other things, provisions that allow for
public disclosure of findings and information about a case of child abuse or neglect
that has resulted in a child fatality or near fatality. This bill eliminates the current
state law that under certain circumstances permits disclosure to the general public
of certain information relating to a child who has died or been placed in serious or
critical condition as a result of suspected abuse or neglect (child fatality or near
fatality) and instead requires certain information to be transmitted to the legislature
and made available to the public when an incident occurs in which a child has died
or been placed in serious or critical condition as a result of suspected abuse or neglect
or in which a child under 13 years of age has been the victim of sexual assault
(egregious incident).

When disclosure is permitted. Under current law, a county department of
human services or social services or, in Milwaukee County, the Department of Health

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and Family Services (DHFS) or a child welfare agency that is responsible for
investigating reports of suspected or threatened child abuse or neglect (agency) is
permitted to disclose to the general public a written summary of certain information
relating to a child fatality or near fatality if any of the following circumstances apply:

1. A person has been charged with a crime for causing the death or serious or
critical condition of a child as a result of suspected abuse or neglect or if a person who
is deceased would have been so charged, but for the fact that the person is deceased.

2. A judge, district attorney, law enforcement officer or agency, or any other
officer or agency whose official duties include the investigation or prosecution of
crime has previously disclosed to the public that the suspected abuse or neglect has
been investigated or that child welfare services have been provided to the child or the
child's family.

3. A parent, guardian, or legal custodian of the child or the child, if 14 years of
age or over, has previously disclosed or authorized the disclosure of the information.

What disclosure is permitted. The information that may be disclosed in
cases of a child fatality or near fatality is as follows:

1. A description of any investigation made by the agency in response to the
report of the suspected abuse or neglect; a statement of the determination made by
the agency as to whether abuse or neglect occurred and the basis for that
determination; a statement of whether any services were offered or provided to the
child, the child's family, or the person suspected of the abuse or neglect; and a
statement of whether any other action was taken by the agency to protect the child
who is the subject of the report or any other child residing in the same dwelling as
that child.

2. Whether any previous report of suspected or threatened abuse or neglect of
the child has been made to the agency and the date of the report; a statement of the
determination made by the agency as to whether abuse or neglect occurred and the
basis for that determination; a statement of whether any services were offered or
provided to the child, the child's family, or the person suspected of the abuse or
neglect; and a statement of whether any other action was taken by the agency to
protect the child who is the subject of the report or any other child residing in the
same dwelling as that child.

3. Whether the child or the child's family has received any child welfare services
prior to the report of suspected abuse or neglect that caused the child fatality or near
fatality or prior to any previous report of suspected or threatened abuse or neglect.

When disclosure is not permitted. An agency may not disclose such
information if any of the following circumstances apply:

1. The agency determines that disclosure of the information would be contrary
to the best interests of the child, the child's siblings, or any other child residing in the
same dwelling as the child or that disclosure of the information is likely to cause
mental, emotional, or physical harm or danger to the child, the child's siblings, any
other child residing in the same dwelling as the child, or any other person.

2. The district attorney determines that disclosure of the information would
jeopardize any ongoing or future criminal investigation or prosecution or would
jeopardize a defendant's right to a fair trial.

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3. The agency determines that disclosure of the information would jeopardize
any ongoing or future civil investigation or proceeding or would jeopardize the
fairness of the proceeding.

4. Disclosure of the information is not authorized by state law or rule or federal
law or regulation.

5. The investigation of the abuse or neglect report has not been completed, in
which case the agency may only disclose that the report is under investigation.

6. Disclosure of the information would reveal the identity of the child, the
child's siblings, the child's parents, guardian, or legal custodian, or any other person
residing in the same dwelling as the child.

7. Disclosure of the information would reveal the identity of the person who
reported the suspected abuse or neglect of the child or any other person who provides
information relating to that suspected abuse or neglect.

When disclosure is required. This bill eliminates current law relating to
disclosure to the general public of information about a child fatality or near fatality.
Instead, the bill requires an agency that has reason to suspect that an egregious
incident has occurred to provide to the subunit of DHFS responsible for statewide
oversight of child abuse and neglect programs, within two working days after
determining that an egregious incident is suspected to have occurred, the age,
gender, and race or ethnicity of the child and the date of the egregious incident; the
suspected cause of the death or serious or critical condition of the child (if the
egregious incident resulted in the death or serious or critical condition of the child);
a brief history of the child welfare services offered or provided to the child, the child's
family, and the person suspected of the abuse or neglect; a statement of whether the
child was placed in his or her home or outside the home when the egregious incident
occurred; and the identity of any law enforcement agency that referred the report of
the egregious incident to the agency and of any law enforcement agency, district
attorney, or other officer or agency to which the agency referred the report of the
egregious incident.

The subunit of DHFS then is required to review that information, together with
any information about the child, the child's family, and the person suspected of the
abuse or neglect that is maintained in the statewide automated child welfare
information system and any additional information requested from the agency, and,
in collaboration with the agency, to prepare a summary report about the egregious
incident. Within six weeks after receiving the information from the agency, the
subunit of DHFS must transmit the summary report to the legislature and, on
transmitting the summary report, must make the summary report available to the
public. DHFS must also include in its annual report to the governor and the
legislature on the status of the state's child abuse and neglect programs a cumulative
report of all summary reports prepared under the bill through the last calendar year.

What disclosure is required. If the child was placed in his or her home when
the egregious incident occurred, the summary report must contain all of the
following:

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1. Information about the child, including the age, gender, and race or ethnicity
of the child, a description of the child's family, and, if relevant to the egregious
incident, a description of any special needs of the child.

2. A statement of whether any child welfare services were being provided to the
child, the child's family, or the person suspected of the abuse or neglect, or whether
the child, any member of the child's family, or the person suspected of the abuse or
neglect was the subject of a referral to the agency for services, at the time of the
egregious incident.

3. A summary of all involvement of the child's parents and of the person
suspected of the abuse or neglect in receiving child welfare services in the five years
preceding the date of the egregious incident.

4. A summary of any actions taken by the agency with respect to the child, the
child's family, and the person suspected of the abuse or neglect, including any
referrals by the agency of the child, any member of the child's family, or the person
suspected of the abuse or neglect for services.

5. The identity of any law enforcement agency that referred the report of the
egregious incident to the agency and of any law enforcement agency, district
attorney, or other officer or agency to which the agency referred the report of the
egregious incident.

6. If the egregious incident resulted in the death or serious or critical condition
of the child, the suspected cause of the death or serious or critical condition of the
child, as reported by the agency.

7. The findings on which the agency bases its reasonable suspicion that an
egregious incident has occurred, including any material circumstances leading to the
death, serious or critical condition, or sexual assault of the child.

8. A summary of any services that have been provided to the child's family since
the date of the egregious incident.

9. If appropriate, recommendations for changes in state or local policies,
procedures, or programs, including changes in statutes or rules, to prevent egregious
incidents.

If the child was placed in an out-of-home placement at the time of the egregious
incident, the summary report must contain all of the following:

1. Information about the child, including the age, gender, and race or ethnicity
of the child and, if relevant to the egregious incident, a description of any special
needs of the child.

2. A description of the out-of-home placement, including the basis for the
decision to place the child in that placement.

3. A summary of the child's out-of-home placement history.

4. A summary of any actions taken by the agency relating to the supervision
of the child's out-of-home placement.

5. A description of all other persons residing in the out-of-home placement.

6. The licensing history of the out-of-home placement, including the type of
license held by the operator of the placement, the period for which the placement has
been licensed, and a summary of all violations by the licensee of any provisions of
licensure or rules promulgated by DHFS and of any other actions by the licensee or

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an employee of the licensee that constitute a substantial failure to protect and
promote the health, safety, and welfare of a child.

7. The identity of any law enforcement agency that referred the report of the
egregious incident to the agency and of any law enforcement agency, district
attorney, or other officer or agency to which the agency referred the report of the
egregious incident.

8. If the egregious incident resulted in the death or serious or critical condition
of the child, the suspected cause of the death or serious or critical condition of the
child, as reported by the agency.

9. The findings on which the agency bases its reasonable suspicion that an
egregious incident has occurred, including any material circumstances leading to the
death, serious or critical condition, or sexual assault of the child.

10. If appropriate, recommendations for changes in state or local policies,
procedures, or programs, including changes in statutes or rules, to prevent egregious
incidents.

What disclosure is prohibited. A summary report may not include any of the
following: