2017 - 2018 LEGISLATURE
December 27, 2017 - Introduced by Representatives Snyder, Meyers, Neylon,
Billings, Katsma, Doyle, Novak, Subeck, Rodriguez, Pronschinske,
Ballweg, Kitchens, Berceau, Born, Brandtjen, E. Brooks, R. Brooks,
Felzkowski, Genrich, Horlacher, Jacque, Knodl, Krug, Kulp, Loudenbeck,
Mursau, Petryk, Ripp, Rohrkaste, Sargent, Schraa, Sinicki, Spreitzer,
Steffen, Steineke, Summerfield, Swearingen, Tauchen, C. Taylor,
Thiesfeldt, Tittl, VanderMeer and Vruwink, cosponsored by Senators
Darling, Johnson, Larson, Olsen, L. Taylor, Vinehout and Wanggaard.
Referred to Committee on Mental Health.
1An Act to create
51.30 (4) (cg) of the statutes; relating to: limited release of
2mental health information to out-of-home care providers and child welfare
Analysis by the Legislative Reference Bureau
This bill allows a health care provider to disclose to an out-of-home care
provider and child welfare agency a portion of the mental health treatment record
of a child who is placed in out-of-home care that the health care provider reasonably
believes is necessary for the proper care of the child. Under current law, a mental
health treatment record is confidential and may be released only upon informed
written consent of the subject of the treatment record and in other limited
circumstances explicitly described in the law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
51.30 (4) (cg) of the statutes is created to read:
(cg) Limited release of information of foster children.
If the subject 6
of a treatment record is a child who is placed in out-of-home care, a health care 7
provider may disclose to an out-of-home care provider, as defined in s. 48.02 (12r),
and a child welfare agency without informed written consent a portion, but not a 2
copy, of the child's treatment record that the health care provider reasonably believes 3
is necessary for the proper care of the child, such as the diagnosis, treatment plan, 4
and medication management plan.