SB284,2,3 1An Act to repeal 48.981 (1) (fm); to renumber and amend 48.21 (1) (b), 48.981
2(3) (a) 2. and 48.981 (3) (c) 1.; to amend 48.02 (15), 48.21 (1) (a), 48.425 (1) (f),
348.425 (1) (g), 48.427 (3m) (intro.), 48.427 (3m) (a) 1., 48.428 (2) (a), 48.428 (2)
4(b), 48.43 (5) (c), 48.57 (3m) (a) 2., 48.57 (3n) (a) 2., 48.62 (2), 48.75 (1g) (a) 1.,
548.977 (1), 48.981 (3) (c) 4. and 938.02 (15); and to create 48.21 (1) (b) 1., 48.427
6(3m) (am), 48.981 (3) (a) 2. a., 48.981 (3) (a) 2. b., 48.981 (3) (a) 2. c., 48.981 (3)
7(a) 2. d. and 48.981 (3) (a) 2d. of the statutes; relating to: the investigation of
8child abuse or neglect reports in which a person who is not a caregiver of the
9child is suspected of the abuse or neglect of the child; defining the persons who
10are considered to be relatives of a child or juvenile for purposes of the Children's
11Code and the Juvenile Justice Code; extending the time for which a child may
12be held in custody when additional time is required to determine whether the
13filing of a petition initiating proceedings under the Children's Code is
14necessary; and the transfer of guardianship and custody of a child to a county

1department of human services or social services in a county other than
2Milwaukee County for the placement of a child for adoption in the home of the
3child's foster or treatment foster parents.
Analysis by the Legislative Reference Bureau
This bill makes various changes to the Children's Code and the Juvenile Justice
Code relating to the investigation of child abuse or neglect reports in which a person
who is not a caregiver of the child is suspected of the abuse or neglect of the child;
defining the persons who are considered to be relatives of a child or juvenile for
purposes of the Children's Code and the Juvenile Justice Code; extending the time
for which a child may be held in custody when additional time is required to
determine whether the filing of a petition initiating proceedings under the Children's
Code is necessary; and the transfer of guardianship and custody of a child to a county
department of human services or social services (county department) in a county
other than Milwaukee County for placement of the child for adoption in the home of
the child's foster or treatment foster parents. The changes are as follows:
Child abuse investigations of noncaregivers
Under current law, certain persons having reasonable cause to suspect that a
child seen in the course of professional duties has been abused or neglected or having
reason to believe that a child seen in the course of professional duties has been
threatened with abuse or neglect and that abuse or neglect of the child will occur
must report that suspected or threatened abuse or neglect to the county department
of human services or social services or, in Milwaukee County, to the Department of
Health and Family Services (DHFS) or a child welfare agency under contract with
DHFS (collectively "agency") or to the sheriff or police department. Current law also
permits any other person having reason to suspect that a child has been abused or
neglected or reason to believe that a child has been threatened with abuse or neglect
and that abuse or neglect of the child will occur to make such a report.
Current law requires the sheriff or police department to refer to an agency all
cases of child abuse or neglect reported to it and the agency, within 24 hours after
receiving a report, to initiate a diligent investigation to determine if the child is in
need of protection or services. Current law also specifies certain procedures that an
agency must follow in investigating cases in which there is reason to suspect that the
child was abused or neglected, or was threatened with abuse or neglect, by a
caregiver, which is defined under current law as a relative, guardian, or legal
custodian of the child; a person who resides or has resided regularly or intermittently
in the same dwelling as the child; an employee of a residential facility or a residential
care center for children and youth in which the child was or is placed; a person who
provides or has provided care for the child in or outside of the child's home; or any
other person who exercises or has exercised temporary or permanent control or
supervision over the child.

This bill permits, rather than requires, the sheriff or police department to refer
to an agency a case in which a person who is not a caregiver of a child is suspected
of the abuse or neglect, or of the threatened abuse or neglect, of the child and permits,
rather than requires, the agency to initiate a diligent investigation to determine if
the child is in need of protection or services. In cases in which a caregiver is suspected
of the abuse or neglect, or of the threatened abuse or neglect, of a child, in which a
caregiver is suspected of facilitating or failing to take action to prevent the suspected
or threatened abuse or neglect of a child, or in which it cannot be determined who
abused or neglected a child, the sheriff or police department must refer the case to
an agency and the agency must investigate the case as under current law.
Definition of "relative" in Children's Code and Juvenile Justice Code
Currently, for purposes of the Children's Code and the Juvenile Justice Code,
a "relative" of a child or juvenile is defined as a parent, grandparent,
greatgrandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or
aunt, whether the relationship is by blood, marriage, or adoption. For the purpose
of determining eligibility to receive kinship care or long-term kinship care payments
for providing care and maintenance for a child, for the purpose of determining
eligibility to be appointed as the guardian of a child in need of protection or services,
and for the purpose of exempting a relative who is providing care and maintenance
for a child from having to obtain a foster home license, the definition is expanded to
include a stepbrother or stepsister, any person of a preceding generation as denoted
by the prefix grand, great, or great-great, and the spouse of any relative, even if the
marriage is terminated by death or divorce. The definition is also expanded for
purposes of investigating any suspected or threatened abuse or neglect of a child by
a caregiver of the child to include a second cousin, stepgrandparent, stepbrother,
stepsister, half brother, half sister, brother-in-law, sister-in-law, stepuncle, or
stepaunt.
This bill expands the definitions of a "relative" of a child or juvenile for purposes
of the Children's Code and the Juvenile Justice Code to include, in addition to the
relatives currently listed in those definitions, a stepbrother, stepsister, half brother,
half sister, brother-in-law, sister-in-law, second cousin, stepuncle, stepaunt, any
person of a preceding generation as denoted by the prefix grand, great, or
great-great, and the spouse of any relative, even if the marriage is terminated by
death or divorce. The bill also conforms the various other definitions of "relative"
found in the Children's Code to the expanded definition, except that under the bill
the definitions of "kinship care relative," "long-term kinship care relative," and
"relative," for purposes of eligibility to be appointed as the guardian of a child in need
of protection or services, do not include a parent of the child.
Holding a child in custody
Under current law, if a child who has been taken into custody under the
Children's Code is not released, a judge of the court assigned to exercise jurisdiction
under the Children's Code (juvenile court) or a circuit court commissioner must
conduct a hearing within 48 hours of the time the decision to hold the child in custody
was made, exclusive of Saturdays, Sundays, and legal holidays, and a petition
initiating proceedings under the Children's Code must be filed by the time of the

hearing. If a hearing is not held within the time required or if a petition is not filed
by the time of the hearing, the child must be released, except that if a hearing is held,
but no petition is filed, the child may be held in custody for an additional 72 hours,
exclusive of Saturdays, Sundays, and legal holidays, if the juvenile court judge or
circuit court commissioner determines that probable cause exists to believe that the
child is an imminent danger to himself or herself or others or that the child's parent,
guardian, or legal custodian or another responsible adult is neglecting, refusing,
unable, or unavailable to provide adequate supervision and care for the child.
This bill permits a child to be held in custody for an additional 72 hours, when
no petition is filed by the time of the custody hearing, if the juvenile court judge or
circuit court commissioner determines that probable cause exists to believe that
additional time is required to determine whether the filing of a petition initiating
proceedings under the Children's Code is necessary.
Placement of a child for adoption
Under current law, if the parental rights of both parents or of the only living
parent of a child are terminated, the juvenile court must do one of the following:
1. Transfer guardianship and custody of the child pending adoptive placement
to a county department that is authorized to accept guardianship of a child, for
purposes of placing a child for adoption, to a child welfare agency that is licensed to
accept guardianship of a child and to place the child for adoption, to DHFS, to a
relative with whom the child resides, or to an individual who has been appointed
guardian of the child by a court of a foreign jurisdiction.
2. Transfer guardianship of the child to a county department, child welfare
agency, or DHFS and custody of the child to a relative or to an individual in whose
home the child has resided for at least 12 consecutive months immediately prior to
the termination of parental rights (TPR).
This bill permits the juvenile court, following a TPR, to transfer guardianship
and custody of a child to a county department of a county other than Milwaukee
County for placement of the child for adoption by the child's foster parent or
treatment foster parent, only if the county department has agreed to accept
guardianship and custody of the child and the foster parent or treatment foster
parent has agreed to adopt the child.
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:
SB284, s. 1 1Section 1. 48.02 (15) of the statutes is amended to read:
SB284,5,52 48.02 (15) "Relative" means a parent, grandparent, greatgrandparent,
3stepparent, brother, sister, stepbrother, stepsister, half brother, half sister,

1brother-in-law, sister-in-law,
first cousin, 2nd cousin, nephew, niece, uncle, or
2aunt. This relationship shall be, stepuncle, stepaunt, or any person of a preceding
3generation as denoted by the prefix of grand, great, or great-great, whether
by blood,
4marriage, or legal adoption, or the spouse of any person named in this subsection,
5even if the marriage is terminated by death or divorce
.
SB284, s. 2 6Section 2. 48.21 (1) (a) of the statutes is amended to read:
SB284,5,207 48.21 (1) (a) If a child who has been taken into custody is not released under
8s. 48.20, a hearing to determine whether the child shall continue to be held in custody
9under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or a circuit
10court commissioner within 48 hours of the time the decision to hold the child was
11made, excluding Saturdays, Sundays, and legal holidays. By the time of the hearing
12a petition under s. 48.25 shall be filed, except that no petition need be filed where a
13when the child is taken into custody under s. 48.19 (1) (b) or (d) 2. or 7. or where when
14the child is a runaway from another state, in which case a written statement of the
15reasons for holding a the child in custody shall be substituted if the petition is not
16filed. If no hearing has been held within 48 hours, excluding Saturdays, Sundays,
17and legal holidays, or if no petition or statement has been filed at the time of the
18hearing, the child shall be released except as provided in par. (b) pars. (b) and (bm).
19A parent not present at the hearing shall be granted a rehearing upon request for
20good cause shown.
SB284, s. 3 21Section 3. 48.21 (1) (b) of the statutes is renumbered 48.21 (1) (b) (intro.) and
22amended to read:
SB284,6,323 48.21 (1) (b) (intro.) If no petition has been filed by the time of the hearing, a
24child may be held in custody with approval of the judge or circuit court commissioner
25for an additional 72 hours from the time of the hearing, excluding Saturdays,

1Sundays, and legal holidays, only if, as a result of the facts brought forth at the
2hearing, the judge or circuit court commissioner determines that probable cause
3exists to believe that any of the following:
SB284,6,4 42. That the child is an imminent danger to himself or herself or to others, that.
SB284,6,7 53. That probable cause exists to believe that the parent, guardian, or legal
6custodian of the child or other responsible adult is neglecting, refusing, unable, or
7unavailable to provide adequate supervision and care or, .
SB284,6,17 84. That, if the child is an expectant mother who was taken into custody under
9s. 48.19 (1) (cm) or (d) 8., that probable cause exists to believe that there is a
10substantial risk that if the child expectant mother is not held, the physical health of
11the unborn child, and of the child when born, will be seriously affected or endangered
12by the child expectant mother's habitual lack of self-control in the use of alcohol
13beverages, controlled substances, or controlled substance analogs, exhibited to a
14severe degree, and to believe that the child expectant mother is refusing or has
15refused to accept any alcohol or other drug abuse services offered to her or is not
16making or has not made a good faith effort to participate in any alcohol or other drug
17abuse services offered to her. The
SB284,6,21 18(bm) An extension under par. (b) may be granted only once for any petition. In
19the event of failure to file a petition within the extension period provided for in this
20paragraph
par. (b), the judge or circuit court commissioner shall order the child's
21immediate release from custody.
SB284, s. 4 22Section 4. 48.21 (1) (b) 1. of the statutes is created to read:
SB284,6,2423 48.21 (1) (b) 1. That additional time is required to determine whether the filing
24of a petition initiating proceedings under this chapter is necessary.
SB284, s. 5 25Section 5. 48.425 (1) (f) of the statutes is amended to read:
SB284,7,7
148.425 (1) (f) If the report recommends that the parental rights of both of the
2child's parents or the child's only living or known parent are to be terminated, the
3report shall contain a statement of the likelihood that the child will be adopted. This
4statement shall be prepared by an agency designated in s. 48.427 (3m) (a) 1. to 4. or
5(am)
and include a presentation of the factors which that might prevent adoption,
6those which that would facilitate it adoption, and the agency which that would be
7responsible for accomplishing the adoption.
SB284, s. 6 8Section 6. 48.425 (1) (g) of the statutes is amended to read:
SB284,7,159 48.425 (1) (g) If an agency designated under s. 48.427 (3m) (a) 1. to 4. or (am)
10determines that it is unlikely that the child will be adopted, or if adoption would not
11be in the best interests of the child, the report shall include a plan for placing the child
12in a permanent family setting. The plan shall include a recommendation as to the
13agency to be named guardian of the child or a recommendation that the person
14appointed as the guardian of the child under s. 48.977 (2) continue to be the guardian
15of the child.
SB284, s. 7 16Section 7. 48.427 (3m) (intro.) of the statutes is amended to read:
SB284,7,1917 48.427 (3m) (intro.) If the rights of both parents or of the only living parent are
18terminated under sub. (3) and if a guardian has not been appointed under s. 48.977,
19the court shall either do one of the following:
SB284, s. 8 20Section 8. 48.427 (3m) (a) 1. of the statutes is amended to read:
SB284,7,2221 48.427 (3m) (a) 1. A county department authorized to accept guardianship
22under s. 48.57 (1) (e) or (hm).
SB284, s. 9 23Section 9. 48.427 (3m) (am) of the statutes is created to read:
SB284,8,324 48.427 (3m) (am) Transfer guardianship and custody of the child to a county
25department authorized to accept guardianship under s. 48.57 (1) (hm) for placement

1of the child for adoption by the child's foster parent or treatment foster parent, if the
2county department has agreed to accept guardianship and custody of the child and
3the foster parent or treatment foster parent has agreed to adopt the child.
SB284, s. 10 4Section 10. 48.428 (2) (a) of the statutes is amended to read:
SB284,8,145 48.428 (2) (a) Except as provided in par. (b), when a court places a child in
6sustaining care after an order under s. 48.427 (4), the court shall transfer legal
7custody of the child to the county department, the department, in a county having
8a population of 500,000 or more, or a licensed child welfare agency, transfer
9guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. or (am) and
10place the child in the home of a licensed foster parent, licensed treatment foster
11parent, or kinship care relative with whom the child has resided for 6 months or
12longer. Pursuant to such a placement, this licensed foster parent, licensed treatment
13foster parent, or kinship care relative shall be a sustaining parent with the powers
14and duties specified in sub. (3).
SB284, s. 11 15Section 11. 48.428 (2) (b) of the statutes is amended to read:
SB284,9,216 48.428 (2) (b) When a court places a child in sustaining care after an order
17under s. 48.427 (4) with a person who has been appointed as the guardian of the child
18under s. 48.977 (2), the court may transfer legal custody of the child to the county
19department, the department, in a county having a population of 500,000 or more, or
20a licensed child welfare agency, transfer guardianship of the child to an agency listed
21in s. 48.427 (3m) (a) 1. to 4. or (am) and place the child in the home of a licensed foster
22parent, licensed treatment foster parent, or kinship care relative with whom the
23child has resided for 6 months or longer. Pursuant to such a placement, that licensed
24foster parent, licensed treatment foster parent, or kinship care relative shall be a
25sustaining parent with the powers and duties specified in sub. (3). If the court

1transfers guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4.
2or (am), the court shall terminate the guardianship under s. 48.977.
SB284, s. 12 3Section 12. 48.43 (5) (c) of the statutes is amended to read:
SB284,9,124 48.43 (5) (c) Following the hearing, the court shall make all of the
5determinations specified under s. 48.38 (5) (c), except the determinations relating to
6the child's parents. The court may amend the order under sub. (1) to transfer the
7child's guardianship and custody to any agency specified under s. 48.427 (3m) (a) 1.
8to 4. which or (am) that consents to the transfer, if the court determines that the
9transfer is in the child's best interest. If an order is amended, the agency that
10prepared the permanency plan shall revise the plan to conform to the order and shall
11file a copy of the revised plan with the court. Each plan filed under this paragraph
12shall be made a part of the court order.
SB284, s. 13 13Section 13. 48.57 (3m) (a) 2. of the statutes is amended to read:
SB284,9,1914 48.57 (3m) (a) 2. "Kinship care relative" means a stepparent, brother, sister,
15stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a
16preceding generation as denoted by the prefix of grand, great or great-great,
17whether by blood, marriage or legal adoption, or the spouse of any person named in
18this paragraph, even if the marriage is terminated by death or divorce
relative other
19than a parent
.
SB284, s. 14 20Section 14. 48.57 (3n) (a) 2. of the statutes is amended to read:
SB284,9,2421 48.57 (3n) (a) 2. "Long-term kinship care relative" means a stepparent,
22brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any
23person of a preceding generation as denoted by the prefix of grand, great or
24great-great, whether by blood, marriage or legal adoption, or the spouse of any

1person named in this paragraph, even if the marriage is terminated by death or
2divorce
relative other than a parent.
SB284, s. 15 3Section 15. 48.62 (2) of the statutes is amended to read:
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, s. 16 19Section 16. 48.75 (1g) (a) 1. of the statutes is amended to read:
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, s. 17 23Section 17. 48.977 (1) of the statutes is amended to read:
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, s. 18
1Section 18. 48.981 (1) (fm) of the statutes is repealed.
SB284, s. 19 2Section 19. 48.981 (3) (a) 2. of the statutes is renumbered 48.981 (3) (a) 2.
3(intro.) and amended to read:
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, s. 20 12Section 20. 48.981 (3) (a) 2. a. of the statutes is created to read:
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, s. 21 15Section 21. 48.981 (3) (a) 2. b. of the statutes is created to read:
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, s. 22 19Section 22. 48.981 (3) (a) 2. c. of the statutes is created to read:
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, s. 23 22Section 23. 48.981 (3) (a) 2. d. of the statutes is created to read:
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, s. 24
1Section 24. 48.981 (3) (a) 2d. of the statutes is created to read:
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, s. 25 7Section 25. 48.981 (3) (c) 1. of the statutes is renumbered 48.981 (3) (c) 1. a.
8and amended to read:
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

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, s. 26 24Section 26. 48.981 (3) (c) 4. of the statutes is amended to read:
SB284,14,15
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, s. 27 16Section 27. 938.02 (15) of the statutes is amended to read:
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
.
SB284, s. 28 24Section 28. Effective date.
SB284,15,5
1(1) Child abuse investigations of noncaregivers. The treatment of section
248.981 (3) (a) 2d. and (3) (c) 1. and 4. of the statutes, the renumbering and
3amendment of section 48.981 (3) (a) 2. of the statutes, and the creation of section
448.981 (3) (a) 2. a., b., c., and d. of the statutes take effect on the first day of the 6th
5month beginning after publication.
SB284,15,66 (End)
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