Wisconsin Legislature: SB18,12,5

SB18,8,2117 48.47 (9) Training for reporters of child abuse and neglect. Approve
18training courses provided by individuals, organizations, or institutions of higher
19education for persons for whom the completion of a training course, as described in
20s. 48.981 (2s), is required as a condition of licensure, certification, employment,
21appointment, or assignment.

Note: Adds the approval of training courses for mandated reporters to DCF's
duties.

SB18,4 22Section 4. 48.67 (2m) of the statutes is created to read:

SB18,9,4

148.67 (2m) (a) That all child care center licensees and all employees of a child
2care center who provide care and supervision for children complete a training course
3approved under s. 48.47 (9) before the date on which an initial license is issued or the
4employment commences, whichever is applicable.

SB18,9,75 (b) That all staff members of a group home who provide care for children in the
6group home complete a training course approved under s. 48.47 (9) prior to
7employment in the group home.

SB18,9,108 (c) That all staff members of a residential care center for children and youth
9who provide care and supervision for children complete a training course approved
10under s. 48.47 (9) prior to employment in the residential care center.

Note: Requires DCF rules to require licensees and employees of child care centers
who provide care and supervision for children; employees of group homes who provide
care for children; and employees of residential care centers for children and youth who
provide care and supervision for children to complete an approved mandated reporter
training course prior to the date on which the license is issued or the employment begins.

SB18,5 11Section 5. 48.685 (4m) (a) 4. of the statutes is amended to read:

SB18,9,1312 48.685 (4m) (a) 4. That a determination has been made under s. 48.981 (3) (c)
134. (3g) (d) that the person has abused or neglected a child.

SB18,6 14Section 6. 48.685 (4m) (b) 4. of the statutes is amended to read:

SB18,9,1615 48.685 (4m) (b) 4. That a determination has been made under s. 48.981 (3) (c)
164. (3g) (d) that the person has abused or neglected a child.

SB18,7 17Section 7. 48.981 (1) (ag) of the statutes is amended to read:

SB18,9,2218 48.981 (1) (ag) "Agency" means a county department, the department in a
19county having a population of 500,000 or more, or a licensed child welfare agency
20under contract with a county department or the department in a county having a
21population of 500,000 or more to perform investigations under this section. For
22purposes of performing the duties specified in subs. (3g) (a), (b) 2., (bm) 2., (f), (fm),

1and (h) 1., 2., and 3. and for purposes of confidentiality of reports and records under
2sub. (7) to (7m), "agency" also includes a licensed child welfare agency under contract
3with a county department to perform investigations under this section.

Note: Amends the definition of "agency" to include child welfare agencies under
contract with county departments only for purposes of specified provisions to enable the
use of the definition throughout s. 48.981, stats.

SB18,8 4Section 8. 48.981 (1) (b) of the statutes is renumbered 48.981 (7d) (hm) 1. and
5amended to read:

SB18,10,216 48.981 (7d) (hm) 1. "Community In this paragraph, "community placement"
7means probation; extended supervision; parole; aftercare; conditional transfer into
8the community under s. 51.35 (1); conditional transfer or discharge under s. 51.37
9(9); placement in a Type 2 residential care center for children and youth or a Type 2
10juvenile correctional facility authorized under s. 938.539 (5); conditional release
11under s. 971.17; supervised release under s. 980.06 or 980.08; participation in the
12community residential confinement program under s. 301.046, the intensive
13sanctions program under s. 301.048, the corrective sanctions program under s.
14938.533, the intensive supervision program under s. 938.534, or the serious juvenile
15offender program under s. 938.538; or any other placement of an adult or juvenile
16offender in the community under the custody or supervision of the department of
17corrections, the department of health services, a county department under s. 46.215,
1846.22, 46.23, 51.42, or 51.437 or any other person under contract with the
19department of corrections, the department of health services or a county department
20under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to exercise custody or supervision over
21the offender.

Note: Renumbers the definition for "community placement" to place it in the one
paragraph where it appears.

SB18,9 22Section 9. 48.981 (1) (bm) of the statutes is created to read:

SB18,11,5

148.981 (1) (bm) "Contractor" means, with respect to a school or an institution
2of higher education, a person, or that person's agent, who provides services to the
3school or institution of higher education under an express or implied contract or
4subcontract, including a person who has staff privileges at the school or institution
5of higher education.

SB18,10 6Section 10. 48.981 (1) (ct) of the statutes is renumbered 48.981 (3f) (a) 1.

Note: Renumbers the definition for "Indian unborn child" to place it in the one
subsection where it appears.

SB18,11 7Section 11. 48.981 (1) (cv) of the statutes is renumbered 48.981 (2) (bm) 1d.
8b.

Note: Renumbers the definition of "member of a religious order" to place it in the
one paragraph where it appears.

SB18,12 9Section 12. 48.981 (1) (cx) of the statutes is renumbered 48.981 (2) (bm) 1d.
10c.

Note: Renumbers the definition for "member of the clergy" to place it in the one
paragraph where it appears.

SB18,13 11Section 13. 48.981 (1) (i) of the statutes is renumbered 48.981 (3f) (a) 2.

Note: Renumbers the definition of "tribal agent" to place it in the one subsection
where it appears.

SB18,14 12Section 14. 48.981 (2) (a) (intro.) and 1. to 14. of the statutes are renumbered
1348.981 (2) (ar) (intro.) and 1. to 14., and 48.981 (2) (ar) (intro.) and 14., as
14renumbered, are amended to read:

SB18,12,215 48.981 (2) (ar) Mandatory reporters; professionals. (intro.) Any Except as
16provided in subs. (2m) and (2r), any of the following persons who has reasonable
17cause to suspect that a child seen by the person in the course of professional duties
18has been abused or neglected or who has reason to believe that a child seen by the
19person in the course of professional duties has been threatened with abuse or neglect

1and that abuse or neglect of the child will occur shall, except as provided under subs.
2(2m) and (2r), report as provided in sub. (3):

SB18,12,53 14. A school teacher employee, contractor, or volunteer, other than a school
4board member, child, or student that has not yet graduated from high school, who
5works directly with children at least 40 hours in a school year.

Note: Amends the reporting requirements applicable to school employees to
require school employees, volunteers, and contractors who work directly with children at
least 40 hours in a school year to report suspected child abuse or neglect. School board
members, children, and students who have not yet graduated from high school are
exempted from these reporting requirements.

SB18,15 6Section 15. 48.981 (2) (a) 15., 16. and 16m. of the statutes are repealed.

Note: Deletes specific references to school teachers, school administrators, and
school counselors and school employees not otherwise specified because they are
mandated reporters under s. 48.981 (2) (ar) 14., as renumbered and amended.

SB18,16 7Section 16. 48.981 (2) (a) 17. to 29. of the statutes is renumbered 48.981 (2)
8(ar) 17. to 29.

SB18,17 9Section 17. 48.981 (2) (ag) of the statutes is created to read:

SB18,12,1010 48.981 (2) (ag) Definitions. In this subsection:

SB18,12,1311 1. "Abuse" has the meaning given in s. 48.02 (1), except that "physical injury,"
12as used in that definition, includes lacerations, fractured bones, burns, internal
13injuries, bruising, or great bodily harm, as defined in s. 939.22 (14).

SB18,12,1614 2. "Neglect" means failure, refusal, or inability on the part of a caregiver to
15provide necessary care, food, clothing, medical or dental care, or shelter so as to
16seriously endanger the physical health of the child.

Note: For purposes of mandated reporting of child abuse and neglect, amends the
definition of "physical injury" to remove the words "severe and frequent" from the phrase
"severe and frequent bruising", and creates a definition of "neglect" that does not require
that a caregiver's failure, refusal, or inability to provide necessary care, food, clothing,
medical or dental care, or shelter be caused by reasons other than poverty.

SB18,18 17Section 18. 48.981 (2) (ar) 16r., 30. and 31. of the statutes are created to read:

SB18,13,4

148.981 (2) (ar) 16r. An employee, contractor, or volunteer of an institution of
2higher education, other than a child, who has regular, ongoing contact with children,
3other than matriculated students of the institution, in a professional or primary
4setting.

SB18,13,55 30. A probation agent.

SB18,13,66 31. A parole agent.

Note: Amends the list of mandated reporters to include probation agents, parole
agents, and any employee, contractor, or volunteer of an institution of higher education,
other than a child, who has regular, ongoing contact with children, other than
matriculated students of the institution, in a professional or primary setting.

SB18,19 7Section 19. 48.981 (2) (b) of the statutes is amended to read:

SB18,13,148 48.981 (2) (b) Mandatory reporters; court-appointed special advocates. A
9Except as provided in subs. (2m) and (2r), a court-appointed special advocate who
10has reasonable cause to suspect that a child seen in the course of activities under s.
1148.236 (3) has been abused or neglected or who has reason to believe that a child seen
12in the course of those activities has been threatened with abuse and neglect and that
13abuse or neglect of the child will occur shall, except as provided in subs. (2m) and (2r),
14report as provided in sub. (3).

SB18,20 15Section 20. 48.981 (2) (bm) (title) of the statutes is created to read:

SB18,13,1616 48.981 (2) (bm) Mandatory reporters; members of the clergy.

SB18,21 17Section 21. 48.981 (2) (bm) 1. (intro.), a. and b. of the statutes are consolidated,
18renumbered 48.981 (2) (bm) 1g. and amended to read:

SB18,14,219 48.981 (2) (bm) 1g. Except as provided in subd. 3. and subs. (2m) and (2r), a
20member of the clergy shall report as provided in sub. (3) if the member of the clergy
21has reasonable cause to suspect that a child seen by the member of the clergy in the
22course of his or her professional duties: a. Has has been abused, as defined in s. 48.02

1(1) (b) to (f); or b. Has or has been threatened with abuse, as defined in s. 48.02 (1)
2(b) to (f), and abuse of the child will likely occur.

SB18,22 3Section 22. 48.981 (2) (bm) 1d. of the statutes is created to read:

SB18,14,44 48.981 (2) (bm) 1d. In this paragraph:

SB18,14,55 a. "Abuse" has the meaning given in s. 48.02 (1) (b) to (f).

Note: Creates a definition for "abuse" in s. 48.981 (2) (bm), stats., so that the
definition need not be repeated each time the term appears within the paragraph.

SB18,23 6Section 23. 48.981 (2) (bm) 2. (intro.), a. and b. of the statutes are consolidated,
7renumbered 48.981 (2) (bm) 2. and amended to read:

SB18,14,148 48.981 (2) (bm) 2. Except as provided in subd. 3. and subs. (2m) and (2r), a
9member of the clergy shall report as provided in sub. (3) if the member of the clergy
10has reasonable cause, based on observations made or information that he or she
11receives, to suspect that a member of the clergy has done any of the following: a.
12Abused abused a child, as defined in s. 48.02 (1) (b) to (f). b. Threatened or threatened
13a child with abuse, as defined in s. 48.02 (1) (b) to (f), and abuse of the child will likely
14occur.

SB18,24 15Section 24. 48.981 (2) (bm) 3. of the statutes is amended to read:

SB18,14,2216 48.981 (2) (bm) 3. A member of the clergy is not required to report child abuse
17information under subd. 1. 1g. or 2. that he or she receives solely through confidential
18communications made to him or her privately or in a confessional setting if he or she
19is authorized to hear or is accustomed to hearing such communications and, under
20the disciplines, tenets, or traditions of his or her religion, has a duty or is expected
21to keep those communications secret. Those disciplines, tenets, or traditions need
22not be in writing.

SB18,25 23Section 25. 48.981 (2) (c) of the statutes is amended to read:

SB18,15,5

148.981 (2) (c) Discretionary reporters; child abuse and neglect. Any person not
2otherwise specified in par. (a) (ar), (b), or (bm), including an attorney, who has reason
3to suspect that a child has been abused or neglected or who has reason to believe that
4a child has been threatened with abuse or neglect and that abuse or neglect of the
5child will occur may report as provided in sub. (3).

Note: Removes the clause "including an attorney" from the phrase "Any person not
otherwise specified", including an attorney" to reduce redundancy.

SB18,26 6Section 26. 48.981 (2) (d) of the statutes is amended to read:

SB18,15,107 48.981 (2) (d) Discretionary reporters; unborn child abuse. Any person,
8including an attorney, who has reason to suspect that an unborn child has been
9abused or who has reason to believe that an unborn child is at substantial risk of
10abuse may report as provided in sub. (3).

Note: Removes the clause "including an attorney" from the phrase "Any person,
including an attorney" to reduce redundancy.

SB18,27 11Section 27. 48.981 (2m) (a) (title) of the statutes is created to read:

SB18,15,1212 48.981 (2m) (a) (title) Purpose.

SB18,28 13Section 28. 48.981 (2m) (b) (title) of the statutes is created to read:

SB18,15,1414 48.981 (2m) (b) (title) Definitions.

SB18,29 15Section 29. 48.981 (2m) (c) (title) of the statutes is created to read:

SB18,15,1616 48.981 (2m) (c) (title) Reporting not required.

SB18,30 17Section 30. 48.981 (2m) (d) (title) of the statutes is created to read:

SB18,15,1818 48.981 (2m) (d) (title) Reporting required.

SB18,31 19Section 31. 48.981 (2m) (e) (title) of the statutes is created to read:

SB18,15,2020 48.981 (2m) (e) (title) Additional reporting requirement.

SB18,32 21Section 32. 48.981 (2r) of the statutes is amended to read:

SB18,16,7

148.981 (2r) Exception to reporting requirement; person delegated parental
2powers. A person delegated care and custody of a child under s. 48.979 is not required
3to report as provided in sub. (3) any suspected or threatened abuse or neglect of the
4child as required under sub. (2) (a) (ar), (b), or (bm) or (2m) (d) or (e). Such a person
5who has reason to suspect that the child has been abused or neglected or who has
6reason to believe that the child has been threatened with abuse or neglect and that
7abuse or neglect of the child will occur may report as provided in sub. (3).

SB18,33 8Section 33. 48.981 (2s) of the statutes is created to read:

SB18,16,149 48.981 (2s) Training of mandated reporters. The department shall
10promulgate rules specifying criteria for training courses required to be completed by
11persons required to report suspected child abuse and neglect under sub. (2) as a
12condition of licensure, certification, employment, appointment, or assignment. The
13rules shall specify the required content of an approved training course and the
14qualifications required for the providers of such training courses.

Note: Directs DCF to promulgate rules specifying criteria for training courses for
mandated reporters.

SB18,34 15Section 34. 48.981 (3) (title) of the statutes is amended to read:

SB18,16,1616 48.981 (3) (title) Reports; investigation referral of report.

SB18,35 17Section 35. 48.981 (3) (a) 1. of the statutes is renumbered 48.981 (3) (a) and
18amended to read:

SB18,17,219 48.981 (3) (a) Referral of report Immediate reporting required. A person
20required to report under sub. (2) shall immediately inform, by telephone or
21personally, the county department or, in a county having a population of 500,000 or
22more, the department or a licensed child welfare agency under contract with the
23department the agency or the sheriff or city, village, or town police department of the

1facts and circumstances contributing to a suspicion of child abuse or neglect or of
2unborn child abuse or to a belief that abuse or neglect will occur.

SB18,36 3Section 36. 48.981 (3) (a) 2. (intro.) of the statutes is renumbered 48.981 (3)
4(bg) (intro.) and amended to read:

SB18,17,115 48.981 (3) (bg) (intro.) Mandatory referral to agency. The Within 12 hours,
6exclusive of Saturdays, Sundays, or legal holidays, after receiving a report under par.
7(a), the sheriff or police department shall within 12 hours, exclusive of Saturdays,
8Sundays, or legal holidays, refer to the county department or, in a county having a
9population of 500,000 or more, the department or a licensed child welfare agency
10under contract with the department agency all of the following types of cases
11reported to the sheriff or police department:

SB18,37 12Section 37. 48.981 (3) (a) 2. a. to d. of the statutes are renumbered 48.981 (3)
13(bg) 1. to 4.

SB18,38 14Section 38. 48.981 (3) (a) 2d. of the statutes is renumbered 48.981 (3) (bp) and
15amended to read:

SB18,17,2116 48.981 (3) (bp) Discretionary referral to agency. The sheriff or police
17department may refer to the county department or, in a county having a population
18of 500,000 or more, the department or a licensed child welfare agency under contract
19with the department agency a case reported to the sheriff or police department in
20which a person who is not a caregiver is suspected of abuse or of threatened abuse
21of a child.

SB18,39 22Section 39. 48.981 (3) (a) 2g. of the statutes is renumbered 48.981 (3) (br) and
23amended to read: