SB42: Bill Text

LRB-1317/2

GMM:sbb&kjf:ph

2011 - 2012 LEGISLATURE

2011 Senate BILL 42

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 An Act to amend 48.981 (2) (e) and 48.981 (8) (c); and to create 48.981 (2) (a) 16m., 48.981 (8) (am) and 118.07 (5) of the statutes; relating to: mandatory reporting of child abuse or neglect by school district employees; training in child abuse and neglect identification, laws, and procedures for those employees; retaliation against a person who reports child abuse or neglect in good faith, and 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 Section 1. 48.981 (2) (a) 16m. of the statutes is created to read:

SB42,2,3 48.981 (2) (a) 16m. A school district employee not otherwise specified in this paragraph.

SB42, s. 2 Section 2. 48.981 (2) (e) of the statutes is amended to read:

SB42,2,7 48.981 (2) (e) No person making a report under this subsection in good faith may be discharged from employment, disciplined or otherwise discriminated against in regard to employment, or threatened with any such treatment for so doing.

SB42, s. 3 Section 3. 48.981 (8) (am) of the statutes is created to read:

SB42,2,12 48.981 (8) (am) Each year the department, every county department, and every licensed child welfare agency under contract with the department in a county having a population of 750,000 or more shall make available training programs that permit school district employees to satisfy the training requirement under s. 118.07 (5).

SB42, s. 4 Section 4. 48.981 (8) (c) of the statutes is amended to read:

SB42,3,2 48.981 (8) (c) In meeting its responsibilities under par. (a), (am), or (b), the department, a county department, or a licensed child welfare agency under contract with the department in a county having a population of 500,000 750,000 or more may contract with any public or private organization which that meets the standards set by the department. In entering into the contracts the department, county department, or licensed child welfare agency shall give priority to parental organizations combating child abuse and neglect or unborn child abuse.

SB42, s. 5 Section 5. 118.07 (5) of the statutes is created to read:

SB42,3,13 118.07 (5) Each school board shall require every employee of the school district governed by the school board to receive training provided under s. 48.981 (8) (am) in identifying children who have been abused or neglected and in the laws and procedures under s. 48.981 governing the reporting of suspected or threatened child abuse and neglect. A school district employee shall receive that training within the first 6 months after commencing employment with the school district and at least once every 5 years after that initial training. The department shall promulgate rules to implement and administer this subsection. The department shall consult with the department of children and families and the child abuse and neglect prevention board in promulgating those rules.

SB42, s. 6 Section 6. Nonstatutory provisions.

SB42,3,19 (1) Child abuse and neglect training of school district employees; rules. The department of public instruction shall submit in proposed form the rules required under section 118.07 (5) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.

SB42,3,20 (End)