LRB-1317/2
GMM:sbb&kjf:ph
2011 - 2012 LEGISLATURE
March 22, 2011 - Introduced by Senator Wanggaard, cosponsored by
Representatives Vos, Turner and Pridemore. Referred to Committee on
Judiciary, Utilities, Commerce, and Government Operations.
SB42,1,6 1An Act to amend 48.981 (2) (e) and 48.981 (8) (c); and to create 48.981 (2) (a)
216m., 48.981 (8) (am) and 118.07 (5) of the statutes; relating to: mandatory
3reporting of child abuse or neglect by school district employees; training in child
4abuse and neglect identification, laws, and procedures for those employees;
5retaliation against a person who reports child abuse or neglect in good faith,
6and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Current law requires certain persons who have reasonable cause to suspect
that a child seen in the course of professional duties has been abused or neglected
or who has a reasonable belief that such a child has been threatened with abuse or
neglect and that abuse or neglect will occur to report that suspected or threatened
abuse or neglect to the county department of human services or social services or to
the sheriff or city, village, or town police department. Currently, mandatory
reporters of child abuse and neglect include school teachers, administrators, and
counselors. This bill makes all public school employees mandatory child abuse and
neglect reporters and requires those employees to receive training in identifying
children who have been abused or neglected and in the laws and procedures
governing the reporting of child abuse and neglect.
Current law prohibits any person who makes a child abuse or neglect report
from being discharged from employment for doing so. This bill prohibits any person

who makes a child abuse or neglect report in good faith from being discharged from
employment, disciplined or otherwise discriminated against in regard to
employment, or threatened with any such treatment for doing so.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB42, s. 1 1Section 1. 48.981 (2) (a) 16m. of the statutes is created to read:
SB42,2,32 48.981 (2) (a) 16m. A school district employee not otherwise specified in this
3paragraph.
SB42, s. 2 4Section 2. 48.981 (2) (e) of the statutes is amended to read:
SB42,2,75 48.981 (2) (e) No person making a report under this subsection in good faith
6may be discharged from employment, disciplined or otherwise discriminated against
7in regard to employment, or threatened with any such treatment
for so doing.
SB42, s. 3 8Section 3. 48.981 (8) (am) of the statutes is created to read:
SB42,2,129 48.981 (8) (am) Each year the department, every county department, and every
10licensed child welfare agency under contract with the department in a county having
11a population of 750,000 or more shall make available training programs that permit
12school district employees to satisfy the training requirement under s. 118.07 (5).
SB42, s. 4 13Section 4. 48.981 (8) (c) of the statutes is amended to read:
SB42,3,214 48.981 (8) (c) In meeting its responsibilities under par. (a), (am), or (b), the
15department, a county department, or a licensed child welfare agency under contract
16with the department in a county having a population of 500,000 750,000 or more may
17contract with any public or private organization which that meets the standards set
18by the department. In entering into the contracts the department, county

1department, or licensed child welfare agency shall give priority to parental
2organizations combating child abuse and neglect or unborn child abuse.
SB42, s. 5 3Section 5. 118.07 (5) of the statutes is created to read:
SB42,3,134 118.07 (5) Each school board shall require every employee of the school district
5governed by the school board to receive training provided under s. 48.981 (8) (am) in
6identifying children who have been abused or neglected and in the laws and
7procedures under s. 48.981 governing the reporting of suspected or threatened child
8abuse and neglect. A school district employee shall receive that training within the
9first 6 months after commencing employment with the school district and at least
10once every 5 years after that initial training. The department shall promulgate rules
11to implement and administer this subsection. The department shall consult with the
12department of children and families and the child abuse and neglect prevention
13board in promulgating those rules.
SB42, s. 6 14Section 6. Nonstatutory provisions.
SB42,3,1915 (1) Child abuse and neglect training of school district employees; rules.
16The department of public instruction shall submit in proposed form the rules
17required under section 118.07 (5) of the statutes, as created by this act, to the
18legislative council staff under section 227.15 (1) of the statutes no later than the first
19day of the 6th month beginning after the effective date of this subsection.
SB42,3,2020 (End)
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