SB18: Bill Text

Persons Mandated to Report

Current law requires certain professionals to report suspected abuse and neglect of children and unborn children. A person who is mandated to report must do so if he or she has reasonable cause to suspect that a child seen by the person in the course of professional duties has been abused or neglected or has reason to believe that a child seen by the person in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur. Mandated reporters are subject to criminal penalties if they fail to report.

Under current law, all school employees are required to report suspected child abuse or neglect. In addition to generally requiring all school employees to report suspected abuse or neglect, current law also specifies that school teachers, school administrators, and school counselors are mandated reporters.

The bill makes the following changes to the categories of mandated reporters:

•Adds probation agents and parole agents to the list of professionals who are mandated to report suspected abuse or neglect.

•With respect to school personnel, amends the current requirement that all school employees report suspected abuse or neglect to apply the reporting requirement to school employees, volunteers, and contractors who work directly with children for at least 40 hours in a school year.

•Exempts from the obligation to report: 1) school board members; 2) children; and 3) students who have not yet graduated from high school.

•Deletes the provisions referring specifically to school teachers, administrators, and counselors because these professionals are covered under the provision requiring certain school employees, volunteers, and contractors to report.

•Adds to the list of persons required to report suspected child abuse or neglect employees, volunteers, and contractors of an institution of higher education, other than children, who have regular, ongoing contact with children, other than matriculated students, in a professional or primary setting.

Training of Certain Mandated Reporters

Under current law, the Department of Public Instruction is required to develop and conduct training programs for specified school employees who are mandated reporters of suspected child abuse and child neglect. Current law does not otherwise require training to be provided to mandated reporters, nor does it impose any training requirements on mandated reporters.

The bill creates a training requirement for certain mandated reporters who are required to report suspected child abuse and neglect because of their membership in a profession for which state licensure or certification is required, or for which employment, registration, appointment, or assignment is subject to statutory qualifications. Specifically, the bill requires the following professionals to complete an approved training course as a condition for their initial licensure, certification, employment, appointment, or assignment:

•Child care center licensees.

•Certain employees of child care centers, group homes, and residential care centers for children and youth.

•Teachers.

•School administrators and school district administrators.

•Law enforcement officers.

•Emergency medical technicians.

•First responders.

•Substance abuse counselors.

•Registered nurses.

•Chiropractors.

•Dentists.

•Physicians.

•Physician assistants.

•Physical therapists.

•Physical therapist assistants.

•Dietitians.

•Occupational therapists.

•Optometrists.

•Acupuncturists.

•Psychologists.

•Private practice school psychologists.

•Social workers.

•Marriage and family therapists.

•Professional counselors.

•Speech-language pathologists.

•Audiologists.

•Family court mediators.

•Probation and parole officers.

The bill requires the Department of Children and Families (DCF) to approve training courses for mandated reporters and directs DCF to promulgate rules setting forth the criteria required for such training courses. The bill authorizes DCF to approve training courses provided by individuals, organizations, or institutions of higher education. In addition, the bill requires the rules promulgated by DCF to specify the required content of an approved training course and the qualifications required for the providers of such training.

With the exception of the rule-making requirements, the training requirements take effect on the first day of 3rd year beginning after publication.

Definitions of "Physical Injury" and "Neglect"

In the Children's Code, "abuse" is defined to mean one of several specified activities, including "physical injury inflicted on a child by other than accidental means." The term "physical injury" is further defined to mean lacerations, fractured bones, burns, internal injuries, severe or frequent bruising, or great bodily harm, as defined in the Criminal Code.

For purposes of mandated reporting of child abuse, the bill removes the words "severe or frequent" from the phrase "severe or frequent bruising" within the definition of "physical injury." For purposes of investigating a report of child abuse, however, the bill does not remove those words from that phrase.

In the Children's Code, "neglect" is defined to mean the failure, refusal, or inability on the part of a caregiver, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care, or shelter so as to seriously endanger the physical health of a child.

For purposes of mandated reporting of child neglect, the bill removes the phrase "for reasons other than poverty" from the definition of "neglect." For purposes of investigating a report of child neglect, however, the bill does not remove that phrase from that definition.

Tribal Notification Requirements

Under current law, a county that has a federally recognized Indian reservation or a Bureau of Indian Affairs (BIA) service area for the Ho-Chunk Nation wholly or partially within its boundaries must notify a tribal agent when it receives a report of suspected child abuse or neglect and it knows or has reason to know the child is an Indian child or an Indian unborn child. If the county knows which Indian tribe the child is affiliated with or with which Indian tribe the unborn child may, when born, be eligible for affiliation, it must notify the tribal agent of that tribe. If the county does not know the tribal affiliation of the child or unborn child, it must notify the tribal agent serving the reservation or Ho-Chunk service area where the child or expectant mother resides. If the county does not know the child or unborn child's tribal affiliation and the child or the unborn child's expectant mother does not live on a reservation or in a Ho-Chunk service area, the county must notify any tribal agent serving a reservation or Ho-Chunk service area in the county. A county that does not have a federally recognized Indian reservation or a BIA service area for the Ho-Chunk Nation within its boundaries is not required, under current law, to notify a tribe that it received a report of suspected child abuse or neglect pertaining to a child it knows or has reason to know is an Indian child or Indian unborn child.

The bill makes the following changes to the requirement that a county department notify a tribal agent when it receives a report of suspected child abuse or neglect pertaining to a child or unborn child whom the county department knows or has reason to know is an Indian child or is an Indian unborn child:

•Applies the notification requirement to child protective agencies in all counties of the state.

•Eliminates the requirement that an agency notify a tribal agent when the agency does not know the tribe with which the child is affiliated or the tribe with which the unborn child may, when born, be eligible for affiliation.

•Eliminates restrictions on the type of information that an agency may provide to a tribal agent, and specifies that additional information may be provided as allowed by law.

•Specifies that notice to a tribe of a report of suspected child abuse or neglect does not constitute notice for any other purpose.

SB18,1 Section 1. 48.236 (4) (a) of the statutes is amended to read:

SB18,7,19 48.236 (4) (a) Inspect any reports and records relating to the child who is the subject of the proceeding, the child's family, and any other person residing in the same home as the child that are relevant to the subject matter of the proceeding, including records discoverable under s. 48.293, examination reports under s. 48.295 (2), law enforcement reports and records under ss. 48.396 (1) and 938.396 (1) (a), court records under ss. 48.396 (2) (a) and 938.396 (2), social welfare agency records under ss. 48.78 (2) (a) and 938.78 (2) (a), abuse and neglect reports and records under s. 48.981 (7) (a) 11r. (7d) (Lr), and pupil records under s. 118.125 (2) (L). The order shall also require the custodian of any report or record specified in this paragraph to permit the court-appointed special advocate to inspect the report or record on presentation by the court-appointed special advocate of a copy of the order. A court-appointed special advocate that obtains access to a report or record described in this paragraph shall keep the information contained in the report or record confidential and may disclose that information only to the court. If a court-appointed special advocate discloses any information to the court under this paragraph, the court-appointed special advocate shall also disclose that information to all parties to the proceeding. If a court-appointed special advocate discloses information in violation of the confidentiality requirement specified in this paragraph, the court-appointed special advocate is liable to any person damaged as a result of that disclosure for such damages as may be proved and, notwithstanding s. 814.04 (1), for such costs and reasonable actual attorney fees as may be incurred by the person damaged.

SB18,2 Section 2. 48.24 (5) of the statutes is amended to read:

SB18,8,15 48.24 (5) The intake worker shall request that a petition be filed, enter into an informal disposition, or close the case within 60 days after receipt of referral information. If the referral information is a report received by a county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department under s. 48.981 (3) (a) 1., 2., or 2d.,,(bg), or (bp) that 60-day period shall begin on the day on which the report is received by the county department, department, or licensed child welfare agency. If the case is closed or an informal disposition is entered into, the district attorney, corporation counsel, or other official under s. 48.09 shall receive written notice of that action. If a law enforcement officer has made a recommendation concerning the child, or the unborn child and the expectant mother of the unborn child, the intake worker shall forward this recommendation to the district attorney, corporation counsel, or other official under s. 48.09. If a petition is filed, the petition may include information received more than 60 days before filing the petition to establish a condition or pattern which, together with information received within the 60-day period, provides a basis for conferring jurisdiction on the court. The court shall grant appropriate relief as provided in s. 48.315 (3) with respect to any petition that is not referred or filed within the time periods specified in this subsection. Failure to object to the fact that a petition is not requested within the time period specified in this subsection waives any challenge to the court's competency to act on the petition.

SB18,3 Section 3. 48.47 (9) of the statutes is created to read:

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

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

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

SB18,9,4 48.67 (2m) (a) That all child care center licensees and all employees of a child care center who provide care and supervision for children complete a training course approved under s. 48.47 (9) before the date on which an initial license is issued or the employment commences, whichever is applicable.

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

SB18,9,10 (c) That all staff members of a residential care center for children and youth who provide care and supervision for children complete a training course approved under 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 Section 5. 48.685 (4m) (a) 4. of the statutes is amended to read:

SB18,9,13 48.685 (4m) (a) 4. That a determination has been made under s. 48.981 (3) (c) 4. (3g) (d) that the person has abused or neglected a child.

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

SB18,9,16 48.685 (4m) (b) 4. That a determination has been made under s. 48.981 (3) (c) 4. (3g) (d) that the person has abused or neglected a child.

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

SB18,9,22 48.981 (1) (ag) "Agency" means a county department, the department in a county having a population of 500,000 or more, or a licensed child welfare agency under contract with a county department or the department in a county having a population of 500,000 or more to perform investigations under this section. For purposes of performing the duties specified in subs. (3g) (a), (b) 2., (bm) 2., (f), (fm), and (h) 1., 2., and 3. and for purposes of confidentiality of reports and records under sub. (7) to (7m), "agency" also includes a licensed child welfare agency under contract with 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 Section 8. 48.981 (1) (b) of the statutes is renumbered 48.981 (7d) (hm) 1. and amended to read:

SB18,10,21 48.981 (7d) (hm) 1. "Community In this paragraph, "community placement" means probation; extended supervision; parole; aftercare; conditional transfer into the community under s. 51.35 (1); conditional transfer or discharge under s. 51.37 (9); placement in a Type 2 residential care center for children and youth or a Type 2 juvenile correctional facility authorized under s. 938.539 (5); conditional release under s. 971.17; supervised release under s. 980.06 or 980.08; participation in the community residential confinement program under s. 301.046, the intensive sanctions program under s. 301.048, the corrective sanctions program under s. 938.533, the intensive supervision program under s. 938.534, or the serious juvenile offender program under s. 938.538; or any other placement of an adult or juvenile offender in the community under the custody or supervision of the department of corrections, the department of health services, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 or any other person under contract with the department of corrections, the department of health services or a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to exercise custody or supervision over the offender.

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

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

SB18,11,5 48.981 (1) (bm) "Contractor" means, with respect to a school or an institution of higher education, a person, or that person's agent, who provides services to the school or institution of higher education under an express or implied contract or subcontract, including a person who has staff privileges at the school or institution of higher education.

SB18,10 Section 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 Section 11. 48.981 (1) (cv) of the statutes is renumbered 48.981 (2) (bm) 1d. b.

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

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

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

SB18,13 Section 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 Section 14. 48.981 (2) (a) (intro.) and 1. to 14. of the statutes are renumbered 48.981 (2) (ar) (intro.) and 1. to 14., and 48.981 (2) (ar) (intro.) and 14., as renumbered, are amended to read:

SB18,12,2 48.981 (2) (ar) Mandatory reporters; professionals. (intro.) Any Except as provided in subs. (2m) and (2r), any of the following persons who has reasonable cause to suspect that a child seen by the person in the course of professional duties has been abused or neglected or who has reason to believe that a child seen by the person in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under subs. (2m) and (2r), report as provided in sub. (3):

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