2025 WISCONSIN ACT 148
An Act to amend 48.396 (1), 48.396 (2) (a), 48.78 (2) (a), 48.981 (7) (a) 15., 938.396 (1) (a), 938.396 (2) (a) and 938.78 (2) (a); to create 51.30 (4) (b) 29., 146.82 (2) (d), 250.22 and 961.385 (2) (cm) 5. of the statutes; relating to: fatality review teams.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
148,1Section 1. 48.396 (1) of the statutes is amended to read: 48.396 (1) Law enforcement officers’ records of children shall be kept separate from records of adults. Law enforcement officers’ records of the adult expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers’ records of children and the adult expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (5), or (6) or s. 48.293 or, 250.22, or 938.396 (2m) (c) 1p. or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child or adult expectant mother involved, to the confidential exchange of information between the police and officials of the public or private school attended by the child or other law enforcement or social welfare agencies, or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125, and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. This subsection does not apply to the confidential exchange of information between the police and officials of the tribal school attended by the child if the police determine that enforceable protections are provided by a tribal school policy or tribal law that requires tribal school officials to keep the information confidential in a manner at least as stringent as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 938.396 (1) (a). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.
148,2Section 2. 48.396 (2) (a) of the statutes is amended to read: 48.396 (2) (a) Records of the court assigned to exercise jurisdiction under this chapter and ch. 938 and of courts exercising jurisdiction under s. 48.16 shall be entered in books or deposited in files kept for that purpose only. Those records shall not be open to inspection or their contents disclosed except by order of the court assigned to exercise jurisdiction under this chapter and ch. 938 or as required or permitted under this subsection, sub. (3) (b) or (c) 1g., 1m., or 1r. or (6), or s. 48.375 (7) (e) or 250.22.
148,3Section 3. 48.78 (2) (a) of the statutes is amended to read: 48.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual who is or was in its care or legal custody, except as provided under sub. (2m) or s. 48.371, 48.38 (5) (b) or (d) or (5m) (d), 48.396 (3) (bm) or (c) 1r., 48.432, 48.433, 48.48 (17) (bm), 48.57 (2m), 48.66 (6), 48.93, 48.981 (7), 250.22, 938.396 (2m) (c) 1r., 938.51, or 938.78 or by order of the court.
148,4Section 4. 48.981 (7) (a) 15. of the statutes is amended to read: 48.981 (7) (a) 15. A fatality review team established under s. 250.22, a child fatality review team recognized by the county department, or, in a county having a population of 750,000 or more, the department or a licensed child welfare agency under contract with the department.
148,5Section 5. 51.30 (4) (b) 29. of the statutes is created to read: 51.30 (4) (b) 29. To an authorized member of a fatality review team established under s. 250.22. The recipient of any treatment records under this subdivision shall keep the records confidential in accordance with s. 250.22.
148,6Section 6. 146.82 (2) (d) of the statutes is created to read: 146.82 (2) (d) Notwithstanding sub. (1), patient health care records may be released, upon request, to a fatality review team, as defined in s. 250.22 (1) (a), acting as a public health authority for the purpose of reviewing a death as described under s. 250.22. Records that may be released under this paragraph for the public health purposes under s. 250.22 may be disclosed to a fatality review team only in accordance with that section, and the recipient of any records released shall keep the records confidential.
148,7Section 7. 250.22 of the statutes is created to read: 250.22 Fatality review teams. (1) Definitions. In this section:
(a) “Fatality review team” means a multidisciplinary and multiagency team examining one or more types of reviewable death among children or adults and developing recommendations to prevent future deaths of similar circumstances.
(b) “Local fatality review team” means a fatality review team that examines reviewable deaths from specific municipalities or counties. A “local fatality review team” may include a team formed by a collaboration of 2 or more municipalities, counties, local health departments, or tribal health departments.
(c) “Municipality” means a city, village, or town.
(d) 1. “Reviewable death” includes any of the following types of deaths:
a. Suicide.
b. Homicide or death involving domestic violence, intimate partner violence, or homicide related to community violence.
c. Motor vehicle incident.
d. Overdose death.
e. Child abuse or neglect.
f. Stillbirth.
g. Fetal death or infant death.
h. A maternal death occurring during or within a year of a pregnancy.
i. Any unexpected or unintentional death of a child.
2. “Reviewable death” does not include a death subject to review under s. 175.47.
(2) Fatality review teams; purpose, duties, membership, and record access. (a) Fatality review teams shall have the purpose of gathering information concerning reviewable deaths to examine the risk factors and circumstances leading to reviewable deaths and understand how the deaths could have been prevented through all of the following:
1. Identification of recommendations for cross-sector, system-level policy and practice changes to address the identified risk factors and prevent future reviewable deaths.
2. Promotion of cooperation and coordination among agencies involved in understanding the causes of reviewable deaths or in providing services to surviving family members.
(b) 1. If established, each fatality review team shall do all of the following:
a. Establish and implement a protocol for the fatality review team.
b. Collect and maintain data appropriate to the type of review undertaken.
c. Create strategies and make and track the implementation of recommendations for the prevention and reduction of reviewable deaths in the area served by the fatality review team.
d. Evaluate the fatality review team’s review process, interagency collaboration, and development and implementation of recommendations to ensure adherence to the purpose described in par. (a).
2. A fatality review team may address a reviewable death that occurred in the area served by the fatality review team or that relates to a resident of the area served by the fatality review team if the incident or death occurred elsewhere in the state.
(c) When conducting a fatality review under this section, a fatality review team may be provided with information from the records held by any of the following, if the records pertain to a person or incident within the scope of the review:
1. The department of health services or a local health department.
2. The department of children and families.
3. A law enforcement agency.
4. A medical examiner or coroner.
5. A treatment provider for substance use or mental health.
6. A hospital or health care provider.
7. Emergency medical services, including a fire department.
8. A Women, Infants, and Children program under s. 253.06.
9. The department of corrections.
10. A district attorney’s office.
11. A circuit or municipal court.
12. A social or human services agency.
13. Service providers or advocates that provide support in response to violence, including domestic abuse.
14. Child protective services or a child welfare agency.
15. A school or university.
16. If the fatality review team is an overdose fatality review team, a suicide review team, or a maternal mortality review team, prescription drug monitoring program records.
17. Any other agency or organization identified as necessary for the review by a specific fatality review team.
