2011 WISCONSIN ACT
87
An Act
to amend
48.028 (5) (a), 48.028 (6), 48.60 (2) (a), 48.62 (2), 48.625 (3), 48.63 (2), 48.685 (1) (am), 48.685 (1) (ar), 48.685 (1) (b), 48.685 (1) (bm), 48.685 (2) (am) 5., 48.685 (2) (b) 1. (intro.), 48.685 (2) (b) 1. e., 48.685 (2) (bd), 48.685 (3) (b), 48.685 (4m) (b) (intro.), 48.685 (4m) (c), 48.685 (5) (a), 48.685 (5m), 48.685 (6) (am), 48.981 (2) (a) (intro.), 48.981 (2) (b), 48.981 (2) (bm) 1. (intro.), 48.981 (2) (bm) 2. (intro.) and 48.981 (2m) (title); and
to create
48.685 (1) (ag) 1. am., 48.979 and 48.981 (2r) of the statutes;
relating to:
delegation by a parent who has legal custody of a child of powers regarding the care and custody of the child by a power of attorney and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1d
.
48.028 (5) (a) of the statutes is amended to read:
48.028
(5)
(a)
Out-of-home care placement.
A voluntary consent by a parent or Indian custodian to an out-of-home care placement of an Indian child under s. 48.63 (1) or (5) (b)
or a delegation of powers by a parent regarding the care and custody of an Indian child under s. 48.979
is not valid unless the consent
or delegation
is executed in writing, recorded before a judge, and accompanied by a written certification by the judge that the terms and consequences of the consent
or delegation
were fully explained in detail to and were fully understood by the parent or Indian custodian. The judge shall also certify that the parent or Indian custodian fully understood the explanation in English or that the explanation was interpreted into a language that the parent or Indian custodian understood. Any consent
or delegation of powers
given under this paragraph prior to or within 10 days after the birth of the Indian child is not valid. A parent or Indian custodian who has executed a consent
or delegation of powers
under this paragraph may withdraw the consent
or delegation
for any reason at any time, and the Indian child shall be returned to the parent or Indian custodian. A parent or Indian custodian who has executed a consent
or delegation of powers
under this paragraph may also move to invalidate the out-of-home care placement
or delegation of powers
under sub. (6).
Section
1g
.
48.028 (6) of the statutes is amended to read:
48.028
(6)
Invalidation of action.
Any Indian child who is the subject of an out-of-home care placement
, of a delegation of powers under s. 48.979,
or of a termination of parental rights proceeding, any parent or Indian custodian from whose custody that Indian child was removed, or the Indian child's tribe may move the court to invalidate that out-of-home care placement
, delegation of powers,
or termination of parental rights on the grounds that the out-of-home care placement
or delegation of powers
was made or the termination of parental rights was ordered in violation of
25 USC 1911
,
1912
, or
1913
. If the court finds that those grounds exist, the court shall invalidate the out-of-home care placement
, delegation of powers,
or termination of parental rights.
Section
1m
.
48.60 (2) (a) of the statutes is amended to read:
48.60
(2)
(a) A relative
or
,
guardian
, or person delegated care and custody of a child under s. 48.979
who provides care and maintenance for such children.
Section
2
.
48.62 (2) of the statutes is amended to read:
48.62
(2)
A relative
or
,
a guardian of a child
, or a person delegated care and custody of a child under s. 48.979
who provides care and maintenance for the child is not required to obtain the license specified in this section. The department, county department, or licensed child welfare agency as provided in s. 48.75 may issue a license to operate a foster home to a relative who has no duty of support under s. 49.90 (1) (a) and who requests a license to operate a foster home for a specific child who is either placed by court order or who is the subject of a voluntary placement agreement under s. 48.63. The department, a county department, or a licensed child welfare agency may, at the request of a guardian appointed under s. 48.977 or 48.978, ch. 54, or ch. 880, 2003 stats., license the guardian's home as a foster home for the guardian's minor ward who is living in the home and who is placed in the home by court order. Relatives with no duty of support and guardians appointed under s. 48.977 or 48.978, ch. 54, or ch. 880, 2003 stats., who are licensed to operate foster homes are subject to the department's licensing rules.
Section
3
.
48.625 (3) of the statutes is amended to read:
48.625
(3)
This section does not apply to a foster home licensed under s. 48.62 (1)
or to a relative or guardian of a child or a person delegated care and custody of a child under s. 48.979 who provides care and maintenance for the child
.
Section
4
.
48.63 (2) of the statutes is amended to read:
48.63
(2)
No person may place a child or offer or hold himself or herself out as able to place a child, except as provided in this section. Enrollment of a child by a parent or guardian in an educational institution
shall
and delegation of care and custody of a child to an agent under s. 48.979 do
not constitute a placement for the purposes of this section.
Section
5
.
48.685 (1) (ag) 1. am. of the statutes is created to read:
48.685
(1)
(ag) 1. am. A person to whom delegation of the care and custody of a child under s. 48.979 has been, or is expected to be, facilitated by an entity.
Section
6
.
48.685 (1) (am) of the statutes is amended to read:
48.685
(1)
(am) "Client" means a child who receives direct care or treatment services from an entity
or from a caregiver specified in par. (ag) 1. am
.
Section
7
.
48.685 (1) (ar) of the statutes is amended to read:
48.685
(1)
(ar) "Contractor" means, with respect to an entity, a person, or that person's agent, who provides services to the entity under an express or implied contract or subcontract, including a person who has staff privileges at the entity
and a person to whom delegation of the care and custody of a child under s. 48.979 has been facilitated by the entity
.
Section
8
.
48.685 (1) (b) of the statutes is amended to read:
48.685
(1)
(b) "Entity" means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children, to place children for adoption, or to license foster homes; a foster home that is licensed under s. 48.62; a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); a child care provider that is certified under s. 48.651;
an organization that facilitates delegations of the care and custody of children under s. 48.979;
or a temporary employment agency that provides caregivers to another entity.
Section
9
.
48.685 (1) (bm) of the statutes is amended to read:
48.685
(1)
(bm) "Nonclient resident" means a person who resides, or is expected to reside, at an entity
or with a caregiver specified in par. (ag) 1. am.
, who is not a client of the entity
or caregiver,
and who has, or is expected to have, regular, direct contact with clients of the entity
or caregiver
.
Section
10
.
48.685 (2) (am) 5. of the statutes is amended to read:
48.685
(2)
(am) 5. Information maintained by the department of health services under this section and under ss. 48.651 (2m), 48.75 (1m),
48.979 (1) (b),
and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification, or a contract to operate an entity for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity
or of permission to reside with a caregiver specified in sub. (1) (ag) 1. am.
for a reason specified in sub. (4m) (b) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment, or permission to reside as described in this subdivision, the department, a county department, an agency contracted with under s. 48.651 (2), a child welfare agency, or a school board need not obtain the information specified in subds. 1. to 4.
Section
11
.
48.685 (2) (b) 1. (intro.) of the statutes is amended to read:
48.685
(2)
(b) 1. (intro.) Every entity shall obtain all of the following with respect to a caregiver specified in sub. (1) (ag) 1. a.
or am. of the entity and with respect to a nonclient resident of a caregiver specified in sub. (1) (ag) 1. am.
of the entity:
Section
12
.
48.685 (2) (b) 1. e. of the statutes is amended to read:
48.685
(2)
(b) 1. e. Information maintained by the department of health services under this section and under ss. 48.651 (2m), 48.75 (1m),
48.979 (1) (b),
and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification, or a contract to operate an entity for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity
or of permission to reside with a caregiver specified in sub. (1) (ag) 1. am.
for a reason specified in sub. (4m) (b) 1. to 5. If the information obtained under this subd. 1. e. indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment, or permission to reside as described in this subd. 1. e., the entity need not obtain the information specified in subd. 1. a. to d.
Section
13
.
48.685 (2) (bd) of the statutes is amended to read:
48.685
(2)
(bd) Notwithstanding pars. (am) and (b) 1., the department, a county department, an agency contracted with under s. 48.651 (2), a child welfare agency, or a school board is not required to obtain the information specified in par. (am) 1. to 5., and an entity is not required to obtain the information specified in par. (b) 1. a. to e., with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed
at
, contracted with, or permitted to reside at an entity
or permitted to reside with a caregiver specified under sub. (1) (ag) 1. am. of the entity
for a reason specified in sub. (4m) (b) 1. to 5. and with respect to whom the department, county department, contracted agency, child welfare agency, school board, or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with, or permitted to reside at an entity for any of those reasons. This paragraph does not preclude the department, a county department, an agency contracted with under s. 48.651 (2), a child welfare agency, or a school board from obtaining, at its discretion, the information specified in par. (am) 1. to 5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.
Section
14
.
48.685 (3) (b) of the statutes is amended to read:
48.685
(3)
(b) Subject to par. (bm), every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to e. for all persons who are caregivers specified in sub. (1) (ag) 1. a.
or am. of the entity and for all nonclient residents of a caregiver specified in sub. (1) (ag) 1. am.
of the entity.
child child
Section
15
.
48.685 (4m) (b) (intro.) of the statutes is amended to read:
48.685
(4m)
(b) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not employ or contract with a caregiver specified in sub. (1) (ag) 1. a.
or am.
or permit a nonclient resident to reside at the entity
or with a caregiver specified in sub. (1) (ag) 1. am. of the entity
if the entity knows or should have known any of the following:
Section
16
.
48.685 (4m) (c) of the statutes is amended to read:
48.685
(4m)
(c) If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be employed or contracted with for a reason specified in par. (b) 1. to 5., an entity may employ or contract with the person for not more than 60 days pending the receipt of the information sought under sub. (2) (am)
1. to 5.
or (b) 1. If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be permitted to reside at an entity
or with a caregiver specified in sub. (1) (ag) 1. am.
for a reason specified in par. (b) 1. to 5. and if an entity otherwise has no reason to believe that the person is ineligible to be permitted to reside at an entity
or with that caregiver
for any of those reasons, the entity may permit the person to reside at the entity
or with the caregiver
for not more than 60 days pending receipt of the information sought under sub. (2) (am)
or (b) 1
. An entity shall provide supervision for a person who is employed, contracted with
,
or permitted to reside as permitted under this paragraph.
Section
17
.
48.685 (5) (a) of the statutes is amended to read:
48.685
(5)
(a) Subject to pars. (bm) and (br), the department may license to operate an entity, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may certify under s. 48.651, a county department or a child welfare agency may license under s. 48.62, and a school board may contract with under s. 120.13 (14) a person who otherwise may not be licensed, certified, or contracted with for a reason specified in sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside at the entity
or permit to reside with a caregiver specified in sub. (1) (ag) 1. am. of the entity
a person who otherwise may not be employed, contracted with, or permitted to reside at the entity
or with that caregiver
for a reason specified in sub. (4m) (b) 1. to 5., if the person demonstrates to the department, the county department, the contracted agency, the child welfare agency, or the school board or, in the case of an entity that is located within the boundaries of a reservation, to the person or body designated by the Indian tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with procedures established by the department by rule or by the tribe that he or she has been rehabilitated.
Section
18
.
48.685 (5m) of the statutes is amended to read:
48.685
(5m)
Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home under s. 48.62, and an entity may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the entity
or with a caregiver specified in sub. (1) (ag) 1. am. of the entity
if the person has been convicted of an offense that is not a serious crime, but that is, in the estimation of the department, county department, child welfare agency, or entity, substantially related to the care of a client. Notwithstanding s. 111.335, the department may refuse to license a person to operate a child care center, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may refuse to certify a child care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14), and a child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or a child care provider that is certified under s. 48.651 may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the child care center or child care provider if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, but that is, in the estimation of the department, county department, contracted agency, school board, child care center, or child care provider, substantially related to the care of a client.
Section
19
.
48.685 (6) (am) of the statutes is amended to read:
48.685
(6)
(am) Except as provided in this paragraph, every 4 years an entity shall require all of its caregivers and
all
nonclient residents
of the entity or of a caregiver specified in sub. (1) (ag) 1. am. of the entity
to complete a background information form that is provided to the entity by the department. Every year a
day
child
care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or a
day
child
care provider that is certified under s. 48.651 shall require all of its caregivers and nonclient residents to complete a background information form that is provided to the
day
child
care center or
day
child
care provider by the department.
Section
20
.
48.979 of the statutes is created to read:
48.979
Delegation of power by parent.
(1)
(a) A parent who has legal custody of a child, by a power of attorney that is properly executed by all parents who have legal custody of the child, may delegate to an agent, for a period not to exceed one year, any of his or her powers regarding the care and custody of the child, except the power to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, the termination of parental rights to the child, or the enlistment of the child in the U.S. armed forces. A delegation of powers under this paragraph does not deprive the parent of any of his or her powers regarding the care and custody of the child.
(b) If a delegation of powers to an agent under par. (a) is facilitated by an entity, as defined in s. 48.685 (1) (b), that entity shall obtain the information specified in s. 48.685 (2) (b) 1. with respect to the proposed agent and any nonclient resident, as defined in s. 48.685 (1) (bm), of the proposed agent. Subject to s. 48.685 (5), if that information indicates that the proposed agent may not be a contractor, as defined in s. 48.685 (1) (ar), of the entity or that a nonclient resident of the proposed agent may not be permitted to reside with the proposed agent for a reason specified in s. 48.685 (4m) (b) 1. to 5., the entity may not facilitate a delegation of powers to the proposed agent under par. (a). The entity shall provide the department of health services with information about each person who is denied a delegation of powers or permission to reside under this paragraph for a reason specified in s. 48.685 (4m) (b) 1. to 5.
(bm) A parent may not delegate under par. (a) his or her powers regarding the care and custody of a child who is subject to the jurisdiction of the court under s. 48.13, 48.14, 938.12, 938.13, or 938.14 unless the court approves the delegation.
(c) A parent who has legal custody of a child may not place the child in a foster home, group home, or inpatient treatment facility by means of a delegation of powers under par. (a). Those placements may be made only by means of a court order or as provided in s. 48.63 or 51.13.
(d) A delegation of powers under par. (a) does not prevent or supersede any of the following:
1. An agency, a sheriff, or a police department from receiving and investigating a report of suspected or threatened abuse or neglect of the child under s. 48.981.
2. The child from being taken into and held in custody under ss. 48.19 to 48.21 or 938.19 to 938.21.
3. An intake worker from conducting an intake inquiry under s. 48.24 or 938.24.
4. A court from exercising jurisdiction over the child under s. 48.13 or 938.13.
(dm) A delegation of powers under par. (a) regarding the care and custody of an Indian child is subject to the requirements of s. 48.028 (5) (a).
(e) A parent who has delegated his or her powers regarding the care and custody of a child under par. (a) may revoke that delegation at any time by executing a written revocation and notifying the agent in writing of the revocation. A written revocation invalidates the delegation of powers except with respect to acts already taken in reliance on the delegation of powers.
(2)
A power of attorney complies with sub. (1) (a) if the power of attorney substantially conforms to the following form:
power of attorney
delegating parental power
Authorized by s. 48.979, Wis. Stats.
NAME(S) OF CHILD(REN)
This power of attorney is for the purpose of providing for the care and custody of:
Name, address, and date of birth of child ....
Name, address, and date of birth of child ....
Name, address, and date of birth of child ....
DELEGATION OF POWER TO AGENT
I, .... (name and address of parent), state that I have legal custody of the child(ren) named above. (
Only a parent who has legal custody may use this form
.)
A parent may not use this form to delegate parental powers regarding a child who is subject to the jurisdiction of the juvenile court under s. 48.13, 48.14, 938.12, 938.13, or 938.14, Wis. Stats.
I delegate my parental power to:
Name of agent ....
Agent's address ....
Agent's telephone number(s) ....
Agent's e-mail address ....
Relationship of agent to child(ren) ....
The parental power I am delegating is as follows:
full
(
Check if you want to delegate full parental power regarding the care and custody of the child(ren) names above.
)
.... Full parental power regarding the care and custody of the child(ren) named above
partial
(
Check each subject over which you want to delegate your parental power regarding the child(ren) names above.
)
.... The power to consent to all health care; or
.... The power to consent to only the following health care:
.... Ordinary or routine health care, excluding major surgical procedures, extraordinary procedures, and experimental treatment
.... Emergency blood transfusion
.... Dental care
.... Disclosure of health information about the child(ren)
.... The power to consent to educational and vocational services
.... The power to consent to the employment of the child(ren)
.... The power to consent to the disclosure of confidential information, other than health information, about the child(ren)
.... The power to provide for the care and custody of the child(ren)
.... The power to consent to the child(ren) obtaining a motor vehicle operator's license
.... The power to travel with the child(ren) outside the state of Wisconsin
.... The power to obtain substitute care, such as child care, for the child(ren)
.... Other specifically delegated powers or limits on delegated powers (
Fill in the following space or attach a separate sheet describing any other specific powers that you wish to delegate or any limits that you wish to place on the powers you are delegating.
) ....
This delegation of parental powers does not deprive a custodial or noncustodial parent of any of his or her powers regarding the care and custody of the child, whether granted by court order or force of law.
THIS DOCUMENT MAY NOT BE USED TO DELEGATE THE POWER TO CONSENT TO THE MARRIAGE OR ADOPTION OF THE CHILD(REN), THE PERFORMANCE OR INDUCEMENT OF AN ABORTION ON OR FOR THE CHILD(REN), THE TERMINATION OF PARENTAL RIGHTS TO THE CHILD(REN), THE ENLISTMENT OF THE CHILD(REN) IN THE U.S. ARMED FORCES OR TO PLACE THE CHILD(REN) IN A FOSTER HOME, GROUP HOME, OR INPATIENT TREATMENT FACILITY.
EFFECTIVE DATE AND TERM
OF THIS DELEGATION
This Power of Attorney takes effect on .... and will remain in effect until .... If no termination date is given or if the termination date given is more than one year after the effective date of this Power of Attorney, this Power of Attorney will remain in effect for a period of one year after the effective date, but no longer. This Power of Attorney may be revoked in writing at any time by a parent who has legal custody of the child(ren) and such a revocation invalidates the delegation of parental powers made by this Power of Attorney, except with respect to acts already taken in reliance on this Power of Attorney.
SIGNATURE(S) OF PARENT(S)
Signature of parent ....
Date ....
Parent's name printed ....
Parent's address ....
Parent's telephone number ....
Parent's e-mail address ....
Signature of parent ....
Date ....
Parent's name printed ....
Parent's address ....
Parent's telephone number ....
Parent's e-mail address ....
WITNESSING OF SIGNATURE(S) (OPTIONAL)
State of ....
County of ....
This document was signed before me on .... (date) by .... (name(s) of parent(s)).
Signature of notary ....
My commission expires: ....
STATEMENT OF AGENT
I, .... (name and address of agent), understand that .... (name(s) of parent(s)) has (have) delegated to me the powers specified in this Power of Attorney regarding the care and custody of .... (name(s) of child(ren)). I further understand that this Power of Attorney may be revoked in writing at any time by a parent who has legal custody of .... (name(s) of child(ren)). I hereby declare that I have read this Power of Attorney, understand the powers delegated to me by this Power of Attorney, am fit, willing, and able to undertake those powers, and accept those powers.
Agent's signature ....
Date ....
APPENDIX
(
Here the parent(s) may indicate where they may be located during the term of the Power of Attorney if different from the address(es) set forth above.
)
.... I can be located at:
Address(es) ....
Telephone number(s) ....
E-mail address(es) ....
.... Or, by contacting:
Name ....
Address ....
Telephone number ....
E-mail address ....
.... Or, I cannot be located
(3)
(a) In this subsection:
1. "Agent" means a person to whom delegation of the care and custody of a child under this section is facilitated by an organization.
2. "Organization" means an organization that facilitates delegations of the care and custody of children under this section.
(b) The department may promulgate rules to implement this section. If the department promulgates those rules, those rules shall include rules establishing all of the following:
1. Training requirements for the staff of an organization, including training in identifying children who have been abused or neglected and the laws and procedures under s. 48.981 governing the reporting of suspected or threatened child abuse or neglect.
2. Screening and assessment requirements for a proposed agent, including a screening of the personal characteristics, health, and finances of the proposed agent and of the physical environment and safety of the proposed agent's home and, based on that screening, an assessment of the proposed agent's fitness to provide for the care and custody of the child and ability to meet the child's needs. The rules promulgated under this subdivision shall prohibit an organization from facilitating a delegation of the care and custody of a child to a proposed agent unless the proposed agent is fit to provide for the care and custody of the child and able to meet the child's needs.
3. Training requirements for an agent, including the training described in subd. 1. and training in the expectations of an agent specified in subd. 4.
4. The expectations of an agent with respect to the care and custody of the child, including expectations relating to the care, nurturing, protection, training, guidance, and discipline of the child; the provision of food, shelter, education, and health care for the child; cooperation with the child's parents in coparenting the child; and cooperation with the organization in facilitating visitation and other communications with the child's parents and in otherwise complying with the expectations of the organization.
5. A requirement that an organization regularly monitor an agent and the child whose care and custody is delegated to the agent and maintain communications with the child's parents.
Section
21
.
48.981 (2) (a) (intro.) of the statutes is amended to read:
48.981
(2)
(a) (intro.) Any of the following persons who has reasonable cause to suspect that a child seen by the person in the course of professional duties has been abused or neglected or who has reason to believe that a child seen by the person in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under
sub.
subs.
(2m)
and (2r)
, report as provided in sub. (3):
Section
22
.
48.981 (2) (b) of the statutes is amended to read:
48.981
(2)
(b) A court-appointed special advocate who has reasonable cause to suspect that a child seen in the course of activities under s. 48.236 (3) has been abused or neglected or who has reason to believe that a child seen in the course of those activities has been threatened with abuse and neglect and that abuse or neglect of the child will occur shall, except as provided in
sub.
subs.
(2m)
and (2r)
, report as provided in sub. (3).
Section
23
.
48.981 (2) (bm) 1. (intro.) of the statutes is amended to read:
48.981
(2)
(bm) 1. (intro.) Except as provided in subd. 3. and
sub.
subs.
(2m)
and (2r)
, a member of the clergy shall report as provided in sub. (3) if the member of the clergy has reasonable cause to suspect that a child seen by the member of the clergy in the course of his or her professional duties:
Section
24
.
48.981 (2) (bm) 2. (intro.) of the statutes is amended to read:
48.981
(2)
(bm) 2. (intro.) Except as provided in subd. 3. and
sub.
subs.
(2m)
and (2r)
, a member of the clergy shall report as provided in sub. (3) if the member of the clergy has reasonable cause, based on observations made or information that he or she receives, to suspect that a member of the clergy has done any of the following:
Section
25
.
48.981 (2m) (title) of the statutes is amended to read:
48.981
(2m)
(title)
Exception to reporting requirement
; health care services
.
Section
26
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48.981 (2r) of the statutes is created to read:
48.981
(2r)
Exception to reporting requirement; person delegated parental powers.
A person delegated care and custody of a child under s. 48.979 is not required to report as provided in sub. (3) any suspected or threatened abuse or neglect of the child as required under sub. (2) (a), (b), or (bm) or (2m) (d) or (e). Such a person who has reason to suspect that the child has been abused or neglected or who has reason to believe that the child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may report as provided in sub. (3).
