2011 - 2012 LEGISLATURE
March 30, 2011 - Introduced by Representatives Vos, Turner and Pridemore,
cosponsored by Senator Wanggaard. Referred to Committee on Children and
1An Act to amend
48.981 (2) (e) and 48.981 (8) (c); and to create
48.981 (2) (a) 2
16m., 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:
AB68, s. 1
48.981 (2) (a) 16m. of the statutes is created to read:
(a) 16m. A school district employee not otherwise specified in this 3
AB68, s. 2
48.981 (2) (e) of the statutes is amended to read:
(e) No person making a report under this subsection in good faith 6
may be discharged from employment, disciplined or otherwise discriminated against
7in regard to employment, or threatened with any such treatment
for so doing.
AB68, s. 3
48.981 (8) (am) of the statutes is created to read:
(am) Each year the department, every county department, and every 10
licensed child welfare agency under contract with the department in a county having 11
a population of 750,000 or more shall make available training programs that permit 12
school district employees to satisfy the training requirement under s. 118.07 (5).
AB68, s. 4
48.981 (8) (c) of the statutes is amended to read:
(c) In meeting its responsibilities under par. (a), (am),
or (b), the 15
department, a county department,
or a licensed child welfare agency under contract 16
with the department in a county having a population of 500,000 750,000
or more may 17
contract with any public or private organization which
meets the standards set 18
by the department. In entering into the contracts the department, county
or licensed child welfare agency shall give priority to parental 2
organizations combating child abuse and neglect or unborn child abuse.
AB68, s. 5
118.07 (5) of the statutes is created to read:
Each school board shall require every employee of the school district 5
governed by the school board to receive training provided under s. 48.981 (8) (am) in 6
identifying children who have been abused or neglected and in the laws and 7
procedures under s. 48.981 governing the reporting of suspected or threatened child 8
abuse and neglect. A school district employee shall receive that training within the 9
first 6 months after commencing employment with the school district and at least 10
once every 5 years after that initial training. The department shall promulgate rules 11
to implement and administer this subsection. The department shall consult with the 12
department of children and families and the child abuse and neglect prevention 13
board in promulgating those rules.
(1) Child abuse and neglect training of school district employees; rules.
The department of public instruction shall submit in proposed form the rules 17
required under section 118.07 (5) of the statutes, as created by this act, to the 18
legislative council staff under section 227.15 (1) of the statutes no later than the first 19
day of the 6th month beginning after the effective date of this subsection.