SB 79

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 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

(egregious incident).

Current law

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

fatality 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 that

caused the child fatality or near fatality 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