LRB-4105/1
GMM:sac:jf
2013 - 2014 LEGISLATURE
January 30, 2014 - Introduced by Senator Olsen, cosponsored by Representatives
Krug, Skowronski, Kahl, Bies and Kleefisch. Referred to Committee on
Health and Human Services.
SB528,1,4
1An Act to create 48.981 (7) (cp) of the statutes;
relating to: prohibiting the
2disclosure of a determination that a person has abused or neglected a child for
3purposes of a caregiver background check when that abuse or neglect has not
4been substantiated.
Analysis by the Legislative Reference Bureau
Under current law, child abuse and neglect reports and records are confidential
and may be disclosed only to certain persons or for certain purposes specified in
current law, including for purposes of a caregiver background check.
The federal Child Abuse Prevention and Treatment Act (CAPTA), however,
includes as an eligibility requirement for receipt of a grant under that act that a state
has in effect provisions requiring the prompt expungement, for purposes of
employment or other background checks, of records that relate to child abuse or
neglect cases determined to be unsubstantiated or false.
This bill conforms state law to CAPTA by: 1) permitting a determination made
before January 1, 2015, that a person has abused or neglected a child to be disclosed
for purposes of a caregiver background check only if that determination has not been
reversed or modified on appeal; and 2) permitting such a determination made on or
after January 1, 2015, to be disclosed for those purposes only if that determination
is a final agency determination that the person has abused or neglected the child or,
if a contested case hearing is held on such a determination, is a final administrative
or judicial decision that the person has abused or neglected the child. The bill also
provides that nothing in the bill prevents the disclosure of a child abuse or neglect
report or record as otherwise permitted under current law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB528,1
1Section
1. 48.981 (7) (cp) of the statutes is created to read:
SB528,2,82
48.981
(7) (cp) Notwithstanding par. (a), an agency may disclose a
3determination made before January 1, 2015, that a person has abused or neglected
4a child for purposes of a background check under s. 48.685 or 50.065 only if that
5determination has not been reversed or modified on appeal and may disclose such
6a determination made on or after January 1, 2015, for those purposes only as
7provided in sub. (3) (c) 5r. Nothing in this paragraph prevents the disclosure of a
8report or record as otherwise permitted under this subsection.
