SB18: Bill Text

SB18,48,12 48.981 (7r) (title) Further disclosure prohibited; penalties.

SB18,156 Section 156. 48.981 (8) (a) of the statutes is amended to read:

SB18,49,12 48.981 (8) (a) Education and training programs. The department, the county departments, and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more to To the extent feasible, agencies shall conduct continuing education and training programs for staff of the department, the county departments, licensed child welfare agencies under contract with the department or a county department, agency staff, staff of law enforcement agencies, and the tribal social services departments, persons and officials required to report, the general public, and others as appropriate and shall develop public information programs about child abuse and neglect and unborn child abuse. The programs shall be designed to encourage reporting of child abuse and neglect and of unborn child abuse, to encourage self-reporting and voluntary acceptance of services, and to improve communication, cooperation, and coordination in the identification, prevention, and treatment of child abuse and neglect and of unborn child abuse. Programs provided for agency staff of the department, county departments, and licensed child welfare agencies under contract with county departments or the department whose responsibilities include the investigation or treatment of child abuse or neglect shall also be designed to provide information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 49.165 (1) (a). The department, the county departments, and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more shall develop public information programs about child abuse and neglect and about unborn child abuse.

Note: Updates language in a provision relating to education and training.

SB18,157 Section 157. 48.981 (8) (b) of the statutes is amended to read:

SB18,49,21 48.981 (8) (b) Program development and coordination. The department shall to To the extent feasible, the department shall ensure that there are available in the state administrative procedures, personnel trained in child abuse and neglect and in unborn child abuse, multidisciplinary programs, and operational procedures and capabilities to deal effectively with child abuse and neglect cases and with unborn child abuse cases. These procedures and capabilities may include, but are not limited to, receipt, investigation and verification of reports; determination of treatment or ameliorative social services; or referral to the appropriate court.

Note: Updates language in a provision regarding DCF's responsibilities for procedures and personnel.

SB18,158 Section 158. 48.981 (8) (c) of the statutes is amended to read:

SB18,50,8 48.981 (8) (c) Contracting for programming. In meeting its responsibilities under par. (a) 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 or more an agency 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 an agency shall give priority to parental organizations combating child abuse and neglect or unborn child abuse.

SB18,159 Section 159. 48.981 (8) (d) (title) of the statutes is created to read:

SB18,50,10 48.981 (8) (d) (title) Staff training required.

SB18,160 Section 160. 48.981 (9) (b) 1. of the statutes is amended to read:

SB18,51,2 48.981 (9) (b) 1. Within 30 days after the end of each calendar quarter, the department shall prepare and transmit to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3), a summary report of all reports received by the department under sub. (3) (c) 8. (3g) (h) 3. during the previous calendar quarter of abuse, as defined in s. 48.02 (1) (b) to (f), of a child who is placed in the home of a foster parent or relative other than a parent or in a group home, shelter care facility, or residential care center for children and youth. For each report included in the summary report the department shall provide the number of incidents of abuse reported; the dates of those incidents; the county in which those incidents occurred; the age or age group of the child who is the subject of the report; the type of placement in which the child was placed at the time of the incident; whether it was determined under sub. (3) (c) 4. (3g) (d) that abuse occurred; and, if so, the nature of the relationship between the child and the person who abused the child, but may not provide any of the information specified in sub. (7) (cr) 6. (7m) (f) or any information that would jeopardize an investigation, prosecution, or proceeding described in sub. (7) (cr) 7. a. or b. (7m) (g) 1. or 2.

SB18,161 Section 161. 48.981 (9) (b) 2. of the statutes is amended to read:

SB18,51,14 48.981 (9) (b) 2. In every 4th summary report prepared and transmitted under subd. 1., the department shall provide for all reports of abuse, as defined in s. 48.02 (1) (b) to (f), of a child who is placed as described in subd. 1. received by the department under sub. (3) (c) 8. (3g) (h) 3. during the previous year information indicating whether the abuse resulted in any injury, disease, or pregnancy that is known to be directly caused by the abuse, but may not provide any of the information specified in sub. (7) (cr) 6. (7m) (f) or any information that would jeopardize an investigation, prosecution, or proceeding described in sub. (7) (cr) 7. a. or b. (7m) (g) 1. or 2. A county department reporting under sub. (3) (c) 8. (3g) (h) 3. shall make an active effort to obtain that information and report the information to the department under sub. (3) (c) 8. (3g) (h) 3.

SB18,162 Section 162. 48.981 (10) of the statutes is renumbered 48.981 (3f) (d) and amended to read:

SB18,51,19 48.981 (3f) (d) Current list of tribal agents. The department shall annually provide to each agency described in sub. (3) (bm) (intro.) a current list of all tribal agents in the state.

SB18,163 Section 163. 50.065 (4m) (a) 4. of the statutes is amended to read:

SB18,51,22 50.065 (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.

SB18,164 Section 164. 50.065 (4m) (b) 4. of the statutes is amended to read:

SB18,51,25 50.065 (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.

SB18,165 Section 165. 51.30 (4) (b) 17. of the statutes is amended to read:

SB18,52,11 51.30 (4) (b) 17. To the elder-adult-at-risk agency designated under s. 46.90 (2) or other investigating agency under s. 46.90 for the purposes of s. 46.90 (4) and (5), to the county department as defined in s. 48.02 (2g) an agency, as defined in s. 48.981 (1) (ag), or the sheriff or police department for the purposes of s. 48.981 (2) and (3) to (3m), or to the adult-at-risk agency designated under s. 55.043 (1d) for purposes of s. 55.043. The treatment record holder may release treatment record information by initiating contact with the elder-adult-at-risk agency, adult-at-risk agency, or county department, as defined in s. 48.02 (2g), without first receiving a request for release of the treatment record from the elder-adult-at-risk agency, adult-at-risk agency, or county department.

SB18,166 Section 166. 118.07 (5) of the statutes is amended to read:

SB18,52,23 118.07 (5) Each school board shall require every employee of the school district governed by the school board who is required to report suspected or threatened child abuse or neglect under s. 48.981 (2) (ar) 14. to receive training provided by the department   or approved under s. 48.47 (9) 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 Unless the employee has received training provided by the department or approved under s. 48.47 (9) within the 5 years immediately preceding employment, 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.

Note: Amends the requirement that DPI provide training to all school district employees to make the requirement applicable only to employees who are mandated reporters of child abuse and neglect under s. 48.981, stats., and to allow such training to be provided by either DPI or another provider whose training course is approved by DCF. Specifies that employees who received training during the 5 years preceding employment are not subject to the initial training requirement.

SB18,167 Section 167. 118.19 (15) of the statutes is created to read:

SB18,53,4 118.19 (15) The state superintendent may not issue an initial teaching license, school district administrator's license, or school administrator's license unless the applicant has completed a training course approved under s. 48.47 (9).

Note: Requires the completion of a mandated reporter training course as a condition of an initial teaching license, a school district administrator's license, or a school administrator's license.

SB18,168 Section 168. 146.82 (2) (a) 11. and 18m. of the statutes are amended to read:

SB18,53,16 146.82 (2) (a) 11. To a county department an agency, as defined under s. 48.02 (2g) in s. 48.981 (1) (ag), a sheriff or police department, or a district attorney for purposes of investigation of threatened or suspected child abuse or neglect or suspected unborn child abuse or for purposes of prosecution of alleged child abuse or neglect, if the person conducting the investigation or prosecution identifies the subject of the record by name. The health care provider may release information by initiating contact with a county department, sheriff or police department, or district attorney without receiving a request for release of the information. A person to whom a report or record is disclosed under this subdivision may not further disclose it the report or record, except to the persons, for the purposes, and under the conditions specified in s. 48.981 (7) (7d), (7g), or (7m).

SB18,54,17 18m. If the subject of the patient health care records is a child or juvenile who has been placed in a foster home, group home, residential care center for children and youth, or juvenile correctional facility, including a any other placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom placement in a foster home, group home, residential care center for children and youth, or juvenile correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency with placement and care responsibility of the child or juvenile under s. 48.21 (5) (b) 1. d., 48.32 (1) (b) 1. d., 48.355 (2) (b) 6g., 48.357 (2v) (a) 1m., 48.43 (1) (am), 48.63 (1), 938.21 (5) (b) 1. d., 938.32 (1) (c) 1. d., 938.355 (2) (b) 6g., (6) (d) 1., or (6m) (a) 1g., or 938.357 (2v) (a) 1m., to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child or juvenile, or to an agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements, to the foster parent of the child or juvenile or the operator of the group home, residential care center for children and youth, or juvenile correctional facility in which the child or juvenile is placed, as provided in s. 48.371 or 938.371.

SB18,169 Section 169. 165.85 (4) (b) 1. of the statutes is amended to read:

SB18,55,18 165.85 (4) (b) 1. No person may be appointed as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of law enforcement training approved by the board and has been certified by, the board has certified the person as being qualified to be a law enforcement or tribal law enforcement officer, and the person has completed a training course approved under s. 48.47 (9). The program shall include 400 hours of training, except the program for law enforcement officers who serve as rangers for the department of natural resources includes 240 hours of training. The board shall promulgate a rule under ch. 227 providing a specific curriculum for a 400-hour conventional program and a 240-hour ranger program. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board. The total period during which a person may serve as a law enforcement and tribal law enforcement officer on a temporary or probationary basis without completing a preparatory program of law enforcement training approved by the board shall not exceed 2 years, except that the board shall permit part-time law enforcement and tribal law enforcement officers to serve on a temporary or probationary basis without completing a program of law enforcement training approved by the board to a period not exceeding 3 years. For purposes of this section, a part-time law enforcement or tribal law enforcement officer is a law enforcement or tribal law enforcement officer who routinely works not more than one-half the normal annual work hours of a full-time employee of the employing agency or unit of government. Law enforcement training programs including municipal, county and state programs meeting standards of the board are acceptable as meeting these training requirements.

Note: Requires the completion of a mandatory reporter training course as a condition for appointment as a law enforcement or tribal law enforcement officer.

SB18,170 Section 170. 256.15 (6) (a) 2m. of the statutes is created to read:

SB18,55,21 256.15 (6) (a) 2m. Have satisfactorily completed a training course approved under s. 48.47 (9).

Note: Requires the completion of a mandated reporter training course as a qualification for initial licensure as an emergency medical technician.

SB18,171 Section 171. 256.15 (8) (b) 4. of the statutes is created to read:

SB18,56,2 256.15 (8) (b) 4. The individual has completed a training course approved under s. 48.47 (9).

Note: Requires the completion of a mandated reporter training course as a condition of initial certification as a first responder.

SB18,172 Section 172. 301.068 (5m) of the statutes is created to read:

SB18,56,6 301.068 (5m) Rules promulgated under sub. (5) shall require probation agents and parole agents to obtain training approved under s. 48.47 (9) prior to initial service as a probation agent or parole agent in the state.

Note: Requires rules setting forth training requirements for parole and probation agents to require the completion of a mandated reporter training course prior to initial service.

SB18,173 Section 173. 440.88 (3) (a) (intro.) of the statutes is amended to read:

SB18,56,12 440.88 (3) (a) (intro.) Subject to pars. (b), (bm), and (c) and except as provided in sub. (3m), the department shall promulgate rules that establish minimum standards and qualifications for the certification of all of the following, including substance abuse counselors and clinical supervisors described under s. HFS 75.02 (11) and (84), Wis. Adm. Code, in effect on December 15, 2006:

SB18,174 Section 174. 440.88 (3) (bm) of the statutes is created to read:

SB18,56,16 440.88 (3) (bm) Rules promulgated under par. (a) shall require substance abuse counselors to obtain training approved under s. 48.47 (9) as a condition of initial certification.

Note: Requires rules establishing minimum standards for certification of substance abuse counselors to require the completion of a mandated reporter training course as a condition of initial certification as substance abuse counselor.

SB18,175 Section 175. 441.04 of the statutes is amended to read:

SB18,57,6 441.04 Requisites for examination as a registered nurse. Any person who has graduated from a high school or its equivalent as determined by the board, does not have an arrest or conviction record, subject to ss. 111.321, 111.322, and 111.335, has completed a training course approved under s. 48.47 (9), holds a diploma of graduation from an accredited school of nursing, and, if the school is located outside this state, submits evidence of general and professional educational qualifications comparable to those required in this state at the time of graduation may apply to the department for licensure by the board as a registered nurse, and upon payment of the fee specified under s. 440.05 (1) shall be entitled to examination.

Note: Requires the completion of a mandated reporter training course as a prerequisite for taking the examination to become a registered nurse.

SB18,176 Section 176. 446.02 (2) (a) 1. of the statutes is amended to read:

SB18,57,14 446.02 (2) (a) 1. The examining board shall grant a license to engage in the practice of chiropractic to a qualified person who submits an application for the license to the department on a form provided by the department, accompanied by satisfactory evidence of completion of the educational requirements established in the rules promulgated under par. (b) and satisfactory evidence of completion of a training course approved under s. 48.47 (9), passes the examinations described under sub. (3), and pays the license fee specified in s. 440.05 (1).

Note: Requires the completion of a mandated reporter training course as a qualification for a license to practice as a chiropractor.

SB18,177 Section 177. 447.04 (1) (a) 5s. of the statutes is created to read:

SB18,57,17 447.04 (1) (a) 5s. Submits evidence satisfactory to the examining board that he or she has completed a training course approved under s. 48.47 (9).

Note: Requires the completion of a mandated reporter training course as a qualification for a license to practice dentistry.

SB18,178 Section 178. 448.05 (2) of the statutes is amended to read:

SB18,58,20 448.05 (2) License to practice medicine and surgery. An applicant for any class of license to practice medicine and surgery must supply evidence satisfactory to the board that the applicant is a graduate of and possesses a diploma from a medical or osteopathic college approved by the board and, has completed postgraduate training of 12 months in a facility approved by the board , and has completed a training course approved under s. 48.47 (9). If an applicant is a graduate of a foreign medical school which has not been approved by the board, and if such applicant has had postgraduate training in this country in a 12-month program approved by the board or has had other professional experience which the board deems has given the applicant the education and training substantially equivalent, and if such applicant has passed the examinations given by the educational council for foreign medical graduates or its successors, the board may make such additional inquiry including a personal interview as satisfies it that the applicant has had such education and training. If a majority of the board is so satisfied, the applicant may then be admitted to examination for a license to practice medicine and surgery. If an applicant is a graduate of a foreign medical school not approved by the board, and such foreign medical school requires either social service or internship or both of its graduates, and if such applicant has not completed such requirements but has completed a 12-month supervised clinical training program under the direction of a medical school approved by the board and has complied with all other requirements of this subsection for graduates of foreign medical schools not approved by the board, the applicant may then be admitted to examination for a license to practice medicine and surgery.

Note: Requires the completion of a mandated reporter training course as a qualification for a license to practice medicine and surgery.

SB18,179 Section 179. 448.05 (5) (a) 3. of the statutes is created to read:

SB18,58,23 448.05 (5) (a) 3. That the applicant has completed a training course approved under s. 48.47 (9).

Note: Requires the completion of a mandated reporter training course as a qualification for a physician assistant license.

SB18,180 Section 180. 448.53 (1) (dm) of the statutes is created to read:

SB18,59,3 448.53 (1) (dm) Submits evidence satisfactory to the examining board that the applicant has completed a training course approved under s. 48.47 (9).

Note: Requires the completion of a mandated reporter training course as a qualification for licensure as a physical therapist.

SB18,181 Section 181. 448.535 (1) (f) of the statutes is created to read:

SB18,59,6 448.535 (1) (f) Submits evidence satisfactory to the examining board that the applicant has completed a training course approved under s. 48.47 (9).

Note: Requires the completion of a mandated reporter training course as a qualification for licensure as a physical therapist assistant.

SB18,182 Section 182. 448.78 (4m) of the statutes is created to read:

SB18,59,9 448.78 (4m) Submits evidence satisfactory to the affiliated credentialing board that he or she has completed a training course approved under s. 48.47 (9).

Note: Requires the completion of a mandated reporter training course as a condition for certification as a dietitian.

SB18,183 Section 183. 448.963 (2) (bm) of the statutes is created to read:

SB18,59,12 448.963 (2) (bm) Submits evidence satisfactory to the affiliated credentialing board that he or she has completed a training course approved under s. 48.47 (9).

Note: Requires the completion of a mandated reporter training course as a condition for licensure as an occupational therapist.

SB18,184 Section 184. 449.05 (3m) of the statutes is created to read:

SB18,59,15 449.05 (3m) The person has completed a training course approved under s. 48.47 (9).

Note: Requires the completion of a mandated reporter training course as a qualification for taking an examination to be licensed as an optometrist.

SB18,185 Section 185. 451.04 (2) (dm) of the statutes is created to read:

SB18,59,18 451.04 (2) (dm) Submits evidence satisfactory to the department that he or she has completed a training course approved under s. 48.47 (9).

Note: Requires the completion of a mandated reporter training course as a condition for obtaining an acupuncturist certificate.

SB18,186 Section 186. 455.04 (1) (dm) of the statutes is created to read:

SB18,60,3 455.04 (1) (dm) Have completed a training course approved under s. 48.47 (9) prior to initial licensure.

Note: Requires the completion of a mandated reporter training course as a requirement for licensure as a psychologist.

SB18,187 Section 187. 455.04 (4) (dm) of the statutes is created to read:

SB18,60,6 455.04 (4) (dm) Have completed a training course approved under s. 48.47 (9) prior to initial licensure.

Note: Requires the completion of a mandated reporter training course as a condition for licensure as a private practice school psychologist.

SB18,188 Section 188. 457.08 (1) (bm) of the statutes is created to read: