AB 428

Introduction

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 made available to the public:

1. 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 who

has been placed outside the home under an order of the court assigned to exercise

jurisdiction under the Children's Code or the Juvenile Justice Code (juvenile court)

has committed suicide (incident of death or serious injury).

2. When an incident of suspected abuse or neglect occurs, other than an

incident of death or serious injury, that involves significant violence, multiple

victims, the use of inappropriate or cruel restraints, exposure of a child to a

dangerous situation, or other aggravated circumstances (incident of egregious abuse

or neglect).

3. When a child who is placed outside the home is sexually abused by his or her

foster or treatment foster parent or the relative in whose home the child is placed,

by any other person who resides in the foster or treatment foster home or in the home

of the relative, by any relative of the foster or treatment foster parent or relative, or

by any employee, contractor, or volunteer of the group home, shelter care facility, or

residential care center for children and youth in which the child is placed (sexual

abuse by a caregiver).

Current law — disclosure permitted

When disclosure is permitted.

Under current law, a county department of

human services or social services or, in Milwaukee County, the Department of

Children and Families (DCF) 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 child fatality or near