DCFS INFO MEMO 2006 - 06 

           April 21, 2006

 

STATE OF WISCONSIN
Department of Health and Family Services
Division of Children and Family Services

To: Area Administrators/Human Services Area Coordinators
Bureau Directors
County Departments of Community Programs Directors
County Departments of Developmental Disabilities 
      Services Directors
County Departments of Human Services Directors
County Departments of Social Services Directors
Section Chiefs/Licensing Chiefs
Tribal Chairpersons/Human Services Facilitators
From:  Burnie Bridge
Administrator
Re: 2005 Wisconsin Act 113; Manufacturing Methamphetamine as a Form of Child Abuse

2005 Wisconsin Act 113 expands the definition of "abuse" under s. 48.02(1), Stats., to include the manufacture of methamphetamine in certain circumstances. It creates s. 48.02(1)(g), Stats., which states that manufacturing methamphetamine is child abuse in the following circumstances:

1. With a child physically present during the manufacture.
2. In a child's home, on the premises of a child's home, or in a motor vehicle located on the premises of a child's home.
3. Under any other circumstances in which a reasonable person should have known that the manufacture would be seen, smelled, or heard by a child.

Wisconsin Act 113 also adds the manufacturing of methamphetamine as a ground for court jurisdiction under s. 48.13(3) and (3m), Stats. This additional type of abuse should not increase workloads for child protective services (CPS), since CPS has been receiving and responding to such reports under the current statutory definition of neglect.

Currently, eWiSACWIS contains the following seven types of abuse:

  • physical abuse/injury

  • sexual intercourse/contact

  • sexual exploitation

  • prostitution

  • forced viewing of sexual activity

  • exposure

  • emotional abuse

The June release of eWiSACWIS will include "manufacturing methamphetamine" as the eighth category of abuse. Until that code is available in eWiSACWIS, counties that receive a report of manufacturing methamphetamines in a child's presence or home should continue to code it as neglect. This is necessary to assure that data for the various current categories of abuse is not compromised for the 2006 calendar year.

REGIONAL OFFICE CONTACT: Area Administrator
CENTRAL OFFICE CONTACT:  Mary Dibble
DHFS/DCFS/BPP
P.O. Box 8916
Madison, WI 53708-8916
Phone: 608-267-2073
E-mail: dibblms@dhfs.state.wi.us 

ACT 113 WEBSITE: http://www.legis.state.wi.us/2005/data/acts/05Act113.pdf 

Attachment:
WI Wisconsin Act 113 (PDF, 13 kb)

c:  County CPS Supervisors
Director of State Courts Office
Indian Child Welfare Contact Persons