SB18: Bill Text

LRB-1193/1

GMM:jld:ph

2013 - 2014 LEGISLATURE

2013 Senate BILL 18

February 13, 2013 - Introduced by Joint Legislative Council. Referred to Committee on Health and Human Services.

SB18,3,18 An Act to repeal 48.981 (2) (a) 15., 16. and 16m., 48.981 (3) (bm) 1. to 3., 48.981 (3) (c) 9., 48.981 (3m) (d), 48.981 (7) (a) 2r., 48.981 (7) (a) 10g., 48.981 (7) (a) 10j. and 48.981 (7) (a) 10r.; to renumber 48.981 (1) (ct), 48.981 (1) (cv), 48.981 (1) (cx), 48.981 (1) (i), 48.981 (2) (a) 17. to 29., 48.981 (3) (a) 2. a. to d., 48.981 (3) (b), 48.981 (3) (c) 2., 48.981 (3) (c) 2m., 48.981 (3) (c) 5., 48.981 (7) (a) 1., 48.981 (7) (a) 2., 48.981 (7) (a) 3., 48.981 (7) (a) 3m., 48.981 (7) (a) 4p., 48.981 (7) (a) 9., 48.981 (7) (a) 11r., 48.981 (7) (a) 12., 48.981 (7) (a) 14m., 48.981 (7) (a) 15g., 48.981 (7) (cr) 1. a. and b., 48.981 (7) (cr) 2. a. to f., 48.981 (7) (cr) 4. a. to d., 48.981 (7) (cr) 4. f. and g., 48.981 (7) (cr) 5. a. to d., 48.981 (7) (cr) 5. f., 48.981 (7) (cr) 6. a. to e. and 48.981 (7) (cr) 7. a. and b.; to renumber and amend 48.981 (1) (b), 48.981 (2) (a) (intro.) and 1. to 14., 48.981 (3) (a) 1., 48.981 (3) (a) 2. (intro.), 48.981 (3) (a) 2d., 48.981 (3) (a) 2g., 48.981 (3) (a) 3., 48.981 (3) (a) 4., 48.981 (3) (bm) (intro.), 48.981 (3) (c) (title), 48.981 (3) (c) 1. a., 48.981 (3) (c) 1. b., 48.981 (3) (c) 3., 48.981 (3) (c) 4., 48.981 (3) (c) 5m., 48.981 (3) (c) 5r., 48.981 (3) (c) 6., 48.981 (3) (c) 6m., 48.981 (3) (c) 7., 48.981 (3) (c) 8., 48.981 (3) (cm), 48.981 (3) (d), 48.981 (7) (a) (intro.), 48.981 (7) (a) 1m., 48.981 (7) (a) 2m., 48.981 (7) (a) 4., 48.981 (7) (a) 4m., 48.981 (7) (a) 5., 48.981 (7) (a) 6., 48.981 (7) (a) 6m., 48.981 (7) (a) 8., 48.981 (7) (a) 8m., 48.981 (7) (a) 8s., 48.981 (7) (a) 10., 48.981 (7) (a) 10m., 48.981 (7) (a) 11., 48.981 (7) (a) 11m., 48.981 (7) (a) 13., 48.981 (7) (a) 14., 48.981 (7) (a) 15., 48.981 (7) (a) 15m., 48.981 (7) (a) 17., 48.981 (7) (am), 48.981 (7) (b), 48.981 (7) (c), 48.981 (7) (cm), 48.981 (7) (cr) 1. (intro.), 48.981 (7) (cr) 2. (intro.), 48.981 (7) (cr) 3., 48.981 (7) (cr) 4. (intro.), 48.981 (7) (cr) 4. e., 48.981 (7) (cr) 5. (intro.), 48.981 (7) (cr) 5. e., 48.981 (7) (cr) 6. (intro.), 48.981 (7) (cr) 7. (intro.), 48.981 (7) (cr) 8., 48.981 (7) (cr) 9., 48.981 (7) (d), 48.981 (7) (dm), 48.981 (7) (e), 48.981 (7) (f) and 48.981 (10); to consolidate, renumber and amend 48.981 (2) (bm) 1. (intro.), a. and b. and 48.981 (2) (bm) 2. (intro.), a. and b.; to amend 48.236 (4) (a), 48.24 (5), 48.685 (4m) (a) 4., 48.685 (4m) (b) 4., 48.981 (1) (ag), 48.981 (2) (b), 48.981 (2) (bm) 3., 48.981 (2) (c), 48.981 (2) (d), 48.981 (2r), 48.981 (3) (title), 48.981 (3m) (b) 1., 48.981 (3m) (c) (intro.), 48.981 (3m) (c) 1., 48.981 (3m) (c) 2. b., 48.981 (3m) (c) 3., 48.981 (5), 48.981 (8) (a), 48.981 (8) (b), 48.981 (8) (c), 48.981 (9) (b) 1., 48.981 (9) (b) 2., 50.065 (4m) (a) 4., 50.065 (4m) (b) 4., 51.30 (4) (b) 17., 118.07 (5), 146.82 (2) (a) 11. and 18m., 165.85 (4) (b) 1., 440.88 (3) (a) (intro.), 441.04, 446.02 (2) (a) 1., 448.05 (2), 457.09 (5) (d), 767.405 (4), 895.442 (1) (a), 895.442 (5), 905.06 (4) and 948.03 (6); and to create 48.47 (9), 48.67 (2m), 48.981 (1) (bm), 48.981 (2) (ag), 48.981 (2) (ar) 16r., 30. and 31., 48.981 (2) (bm) (title), 48.981 (2) (bm) 1d., 48.981 (2m) (a) (title), 48.981 (2m) (b) (title), 48.981 (2m) (c) (title), 48.981 (2m) (d) (title), 48.981 (2m) (e) (title), 48.981 (2s), 48.981 (3d) (a) (title), 48.981 (3d) (b) (title), 48.981 (3d) (bm) (title), 48.981 (3d) (c) (title), 48.981 (3f) (title) and (a) (intro.), 48.981 (3g) (a) (title), 48.981 (3g) (b) (title), 48.981 (3g) (bm) (title), 48.981 (3g) (h) (title), 48.981 (3m) (a) (title), 48.981 (3m) (b) (title), 48.981 (7d) (intro.), 48.981 (7d) (a) (title), 48.981 (7d) (b) (title), 48.981 (7d) (c) (title), 48.981 (7d) (cm) (title), 48.981 (7d) (dp) (title), 48.981 (7d) (hm) (title), 48.981 (7d) (i) (title), 48.981 (7d) (Lr) (title), 48.981 (7d) (m) (title), 48.981 (7d) (om) (title), 48.981 (7d) (pg) (title), 48.981 (7g) (intro.), 48.981 (7m) (title), 48.981 (7r) (title), 48.981 (8) (d) (title), 118.19 (15), 256.15 (6) (a) 2m., 256.15 (8) (b) 4., 301.068 (5m), 440.88 (3) (bm), 447.04 (1) (a) 5s., 448.05 (5) (a) 3., 448.53 (1) (dm), 448.535 (1) (f), 448.78 (4m), 448.963 (2) (bm), 449.05 (3m), 451.04 (2) (dm), 455.04 (1) (dm), 455.04 (4) (dm), 457.08 (1) (bm), 457.10 (3m), 457.12 (3m), 459.24 (2) (g) and 459.24 (3) (g) of the statutes; relating to: recodification of the child abuse and neglect reporting law; making probation agents, parole agents, and certain employees, contractors, and volunteers of schools and institutions of higher education mandated reporters of child abuse and neglect; requiring training for certain mandated reporters of child abuse and neglect; definitions of physical injury and neglect for purposes of mandated reporting of child abuse and neglect; requiring child protective service agencies to notify tribal agents of reports of suspected child abuse or neglect; and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill is explained in the Notes provided by the Joint Legislative Council in the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Joint Legislative Council prefatory note: This bill was prepared for the Joint Legislative Council's Special Committee on Reporting of Child Abuse and Child Neglect.

Recodification of s. 48.981, stats.

The bill makes the following changes to recodify s. 48.981, stats., the child abuse and neglect reporting law:

•Throughout s. 48.981, stats., reorganizes provisions to break large paragraphs into separate paragraphs, adds titles to various provisions, consolidates provisions with duplicative language, and updates language to clarify meaning.

•Amends the definition of "agency" to provide that, for purposes of performing the duties specified in certain provisions of s. 48.981, stats., "agency" includes a licensed child welfare agency under contract with a county department of human services or social services (county department) to perform investigations, in order to facilitate the use of the definition throughout the section.

•Renumbers definitions for "community placement," "Indian unborn child," and "member of the clergy" to place them in the single paragraphs in which they appear within the section.

•In s. 48.981 (2) (bm), stats., creates a definition of "abuse" by cross-reference so that the word "abuse" may be used throughout the paragraph without repeated references to its definition.

•In provisions authorizing any person to report suspected abuse or neglect of children and unborn children, removes the clause "including an attorney," from the phrases "any person not otherwise specified, including an attorney," and "any person, not including an attorney," to reduce redundancy.

•Amends the authority for interviewing children in the absence of consent to account for a ruling of the U.S. Court of Appeals for the Seventh Circuit and other federal cases.

•Updates cross-references in s. 146.82 (2), stats., regarding the release of certain medical information, to account for a change in federal law.

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.