AB489: Bill Text

Under current law, each school board must require every employee of the school district governed by the school board to receive training, provided by the Department of Public Instruction, in identifying children who have been abused or neglected and the laws and procedures related to mandated reporters. This bill expands this training requirement to apply to all school employees, contractors, or volunteers, other than children or students who have not yet graduated from high school, who work directly with children at least 40 hours in a school year and who are affiliated with the school district governed by the school board. The bill also requires that this training include training in identifying children who are victims of human trafficking.

Reporting of sexual intercourse or contact; elimination of health care provider exception

Under current law, for the purpose of allowing children to obtain confidential health care services, certain persons are exempted from the mandate to report suspected or threatened abuse consisting of sexual intercourse or sexual contact involving a child. This exemption applies to a health care provider who provides any health care service to a child and a person who obtains information about a child who is receiving or has received health care services from a health care provider.

However, current law requires these persons to report as usual if they have reason to suspect: 1) that the sexual intercourse or sexual contact occurred or is likely to occur with a caregiver; 2) that the child suffered or suffers from a mental illness or mental deficiency that rendered or renders the child temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions; 3) that the child, because of his or her age or immaturity, was or is incapable of understanding the nature or consequences of sexual intercourse or sexual contact; 4) that the child was unconscious at the time of the act or for any other reason was physically unable to communicate unwillingness to engage in sexual intercourse or sexual contact; 5) that another participant in the sexual contact or sexual intercourse was or is exploiting the child; or 6) if the person has any reasonable doubt as to the voluntariness of the child's participation in the sexual contact or sexual intercourse.

This bill eliminates this exemption from the mandate to report suspected or threatened abuse.

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.

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

AB489,1 Section 1. 48.236 (4) (a) of the statutes is amended to read:

AB489,6,16 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.

AB489,2 Section 2. 48.24 (5) of the statutes is amended to read:

AB489,7,12 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.

AB489,3 Section 3. 48.375 (4) (b) 1g. of the statutes is amended to read:

AB489,7,23 48.375 (4) (b) 1g. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, in which the minor swears that the pregnancy is the result of a sexual assault in violation of s. 940.225 (1), (2), or (3) in which the minor did not indicate a freely given agreement to have sexual intercourse. The person who intends to perform or induce the abortion shall place the statement in the minor's medical record and report the sexual intercourse as required under s. 48.981 (2) or (2m) (e). Any minor who makes a false statement under this subdivision, which the minor does not believe is true, is subject to a proceeding under s. 938.12 or 938.13 (12), whichever is applicable, based on a violation of s. 946.32 (2).

AB489,4 Section 4. 48.375 (4) (b) 2. of the statutes is amended to read:

AB489,8,7 48.375 (4) (b) 2. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, that the pregnancy is the result of sexual intercourse with a caregiver specified in s. 48.981 (1) (am) 1., 2., 3., 4. or 8. The person who intends to perform or induce the abortion shall place the statement in the minor's medical record. The person who intends to perform or induce the abortion shall report the sexual intercourse as required under s. 48.981 (2m) (d) 1 (2).

AB489,5 Section 5. 48.685 (2) (am) 4. of the statutes is amended to read:

AB489,8,12 48.685 (2) (am) 4. Information maintained by the department regarding any final determination under s. 48.981 (3) (c) 5m. (3g) (e) or, if a contested case hearing is held on such a determination, any final decision under s. 48.981 (3) (c) 5p. (3g) (em) that the person has abused or neglected a child.

AB489,6 Section 6. 48.685 (2) (b) 1. d. of the statutes is amended to read:

AB489,8,17 48.685 (2) (b) 1. d. Information maintained by the department regarding any final determination under s. 48.981 (3) (c) 5m. (3g) (e) or, if a contested case hearing is held on such a determination, any final decision under s. 48.981 (3) (c) 5p. (3g) (em) that the person has abused or neglected a child.

AB489,7 Section 7. 48.685 (4m) (a) 4. of the statutes is amended to read:

AB489,8,22 48.685 (4m) (a) 4. That a final determination has been made under s. 48.981 (3) (c) 5m. (3g) (e) or, if a contested case hearing is held on such a determination, a final decision has been made under s. 48.981 (3) (c) 5p. (3g) (em) that the person has abused or neglected a child.

AB489,8 Section 8. 48.685 (4m) (b) 4. of the statutes is amended to read:

AB489,9,2 48.685 (4m) (b) 4. That a final determination has been made under s. 48.981 (3) (c) 5m. (3g) (e) or, if a contested case hearing is held on such a determination, a final decision has been made under s. 48.981 (3) (c) 5p. (3g) (em) that the person has abused or neglected a child.

AB489,9 Section 9. 48.981 (1) (ag) of the statutes is amended to read:

AB489,9,12 48.981 (1) (ag) "Agency" means a county department, the department in a county having a population of 500,000 750,000 or more, or a licensed child welfare agency under contract with a county department or the department in a county having a population of 500,000 750,000 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.

AB489,10 Section 10. 48.981 (1) (b) of the statutes is renumbered 48.981 (7d) (hm) 1. and amended to read:

AB489,9,25 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.

AB489,11 Section 11. 48.981 (1) (bm) of the statutes is created to read:

AB489,10,11 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.

AB489,12 Section 12. 48.981 (1) (ct) of the statutes is renumbered 48.981 (3f) (a) 1.

AB489,13 Section 13. 48.981 (1) (cv) of the statutes is renumbered 48.981 (2) (bm) 1d. b.

AB489,14 Section 14. 48.981 (1) (cx) of the statutes is renumbered 48.981 (2) (bm) 1d. c.

AB489,15 Section 15. 48.981 (1) (i) of the statutes is renumbered 48.981 (3f) (a) 2.

AB489,16 Section 16. 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:

AB489,11,2 48.981 (2) (ar) Mandatory reporters; professionals. (intro.) Any Except as provided in sub. (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):

AB489,11,5 14. A school teacher employee, contractor, or volunteer, other than a child or student that has not yet graduated from high school, who works directly with children at least 40 hours in a school year.

AB489,17 Section 17. 48.981 (2) (a) 15., 16. and 16m. of the statutes are repealed.

AB489,18 Section 18. 48.981 (2) (a) 17. to 29. of the statutes are renumbered 48.981 (2) (ar) 17. to 29.

AB489,19 Section 19. 48.981 (2) (ag) of the statutes is created to read:

AB489,11,10 48.981 (2) (ag) Definitions. In this subsection:

AB489,11,13 1. "Abuse" has the meaning given in s. 48.02 (1), except that "physical injury," as used in that definition, includes lacerations, fractured bones, burns, internal injuries, bruising, or great bodily harm, as defined in s. 939.22 (14).

AB489,11,16 2. "Neglect" means failure, refusal, or inability on the part of a caregiver to provide necessary care, food, clothing, medical or dental care, or shelter so as to seriously endanger the physical health of the child.

AB489,20 Section 20. 48.981 (2) (ar) 16r., 30. and 31. of the statutes are created to read:

AB489,11,21 48.981 (2) (ar) 16r. An employee, contractor, or volunteer of an institution of higher education, other than a child, who has regular, ongoing contact with children, other than matriculated students of the institution, in a professional or primary setting.

AB489,11,22 30. A probation agent.

AB489,11,23 31. A parole agent.

AB489,21 Section 21. 48.981 (2) (b) of the statutes is amended to read:

AB489,12,7 48.981 (2) (b) Mandatory reporters; court-appointed special advocates. A Except as provided in sub. (2r), a court-appointed special advocate who has reasonable cause to suspect that a child seen in the course of activities under s. 48.236 (3) has been abused or neglected or who has reason to believe that a child seen in the course of those activities has been threatened with abuse and neglect and that abuse or neglect of the child will occur shall, except as provided in subs. (2m) and (2r), report as provided in sub. (3).

AB489,22 Section 22. 48.981 (2) (bm) (title) of the statutes is created to read:

AB489,12,9 48.981 (2) (bm) Mandatory reporters; members of the clergy.

AB489,23 Section 23. 48.981 (2) (bm) 1. (intro.), a. and b. of the statutes are consolidated, renumbered 48.981 (2) (bm) 1g. and amended to read:

AB489,12,17 48.981 (2) (bm) 1g. Except as provided in subd. 3. and subs. (2m) and sub. (2r), a member of the clergy shall report as provided in sub. (3) if the member of the clergy has reasonable cause to suspect that a child seen by the member of the clergy in the course of his or her professional duties: a. Has has been abused, as defined in s. 48.02 (1) (b) to (f); or b. Has or has been threatened with abuse, as defined in s. 48.02 (1) (b) to (f), and abuse of the child will likely occur.

AB489,24 Section 24. 48.981 (2) (bm) 1d. of the statutes is created to read:

AB489,12,19 48.981 (2) (bm) 1d. In this paragraph:

AB489,12,20 a. "Abuse" has the meaning given in s. 48.02 (1) (b) to (f).

AB489,25 Section 25. 48.981 (2) (bm) 2. (intro.), a. and b. of the statutes are consolidated, renumbered 48.981 (2) (bm) 2. and amended to read:

AB489,13,4 48.981 (2) (bm) 2. Except as provided in subd. 3. and subs. (2m) and sub. (2r), a member of the clergy shall report as provided in sub. (3) if the member of the clergy has reasonable cause, based on observations made or information that he or she receives, to suspect that a member of the clergy has done any of the following: a. Abused abused a child, as defined in s. 48.02 (1) (b) to (f). b. Threatened or threatened a child with abuse, as defined in s. 48.02 (1) (b) to (f), and abuse of the child will likely occur.

AB489,26 Section 26. 48.981 (2) (bm) 3. of the statutes is amended to read:

AB489,13,12 48.981 (2) (bm) 3. A member of the clergy is not required to report child abuse information under subd. 1. 1g. or 2. that he or she receives solely through confidential communications made to him or her privately or in a confessional setting if he or she is authorized to hear or is accustomed to hearing such communications and, under the disciplines, tenets, or traditions of his or her religion, has a duty or is expected to keep those communications secret. Those disciplines, tenets, or traditions need not be in writing.

AB489,27 Section 27. 48.981 (2) (c) of the statutes is amended to read:

AB489,13,18 48.981 (2) (c) Discretionary reporters; child abuse and neglect. Any person not otherwise specified in par. (a) (ar), (b), or (bm), including an attorney, who has reason to suspect that a child has been abused or neglected or who has reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may report as provided in sub. (3).

AB489,28 Section 28. 48.981 (2) (d) of the statutes is amended to read:

AB489,13,23 48.981 (2) (d) Discretionary reporters; unborn child abuse. Any person, including an attorney, who has reason to suspect that an unborn child has been abused or who has reason to believe that an unborn child is at substantial risk of abuse may report as provided in sub. (3).

AB489,29 Section 29. 48.981 (2m) of the statutes is repealed.

AB489,30 Section 30. 48.981 (2r) of the statutes is amended to read:

AB489,14,7 48.981 (2r) Exception to reporting requirement; person delegated parental powers. A person delegated care and custody of a child under s. 48.979 is not required to report as provided in sub. (3) any suspected or threatened abuse or neglect of the child as required under sub. (2) (a) (ar), (b), or (bm) or (2m) (d) or (e). Such a person who has reason to suspect that the child has been abused or neglected or who has reason to believe that the child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may report as provided in sub. (3).

AB489,31 Section 31. 48.981 (3) (title) of the statutes is amended to read:

AB489,14,9 48.981 (3) (title) Reports; investigation referral of report.

AB489,32 Section 32. 48.981 (3) (a) 1. of the statutes is renumbered 48.981 (3) (a) and amended to read:

AB489,14,18 48.981 (3) (a) Referral of report Immediate reporting required. A person required to report under sub. (2) shall immediately inform, by telephone or personally, the 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 the agency or the sheriff or city, village, or town police department of the facts and circumstances contributing to a suspicion of child abuse or neglect or of unborn child abuse or to a belief that abuse or neglect will occur.

AB489,33 Section 33. 48.981 (3) (a) 2. (intro.) of the statutes is renumbered 48.981 (3) (bg) (intro.) and amended to read:

AB489,15,2 48.981 (3) (bg) (intro.) Mandatory referral to agency. The Within 12 hours, exclusive of Saturdays, Sundays, or legal holidays, after receiving a report under par. (a), the sheriff or police department shall within 12 hours, exclusive of Saturdays, Sundays, or legal holidays, refer to the 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 agency all of the following types of cases reported to the sheriff or police department:

AB489,34 Section 34. 48.981 (3) (a) 2. a. to d. of the statutes are renumbered 48.981 (3) (bg) 1. to 4.

AB489,35 Section 35. 48.981 (3) (a) 2d. of the statutes is renumbered 48.981 (3) (bp) and amended to read:

AB489,15,12 48.981 (3) (bp) Discretionary referral to agency. The sheriff or police department may refer to the 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 agency a case reported to the sheriff or police department in which a person who is not a caregiver is suspected of abuse or of threatened abuse of a child.

AB489,36 Section 36. 48.981 (3) (a) 2g. of the statutes is renumbered 48.981 (3) (br) and amended to read:

AB489,15,17 48.981 (3) (br) Subsequent report in writing. The county department, department, or licensed child welfare agency may require that a subsequent report of a case referred under subd. 2. or 2d. par. (bg) or (bp) be made in writing.

AB489,37 Section 37. 48.981 (3) (a) 3. of the statutes is renumbered 48.981 (3) (cg) and amended to read:

AB489,16,4 48.981 (3) (cg) Referral to law enforcement. Except as provided in sub. (3m), a county department, the department, or a licensed child welfare agency under contract with the department shall within 12 hours, exclusive of Saturdays, Sundays, or legal holidays, after receiving a report under par. (a), the agency shall refer to the sheriff or police department all cases of suspected or threatened abuse, as defined in s. 48.02 (1) (b) to (f), reported to it. For cases of suspected or threatened abuse, as defined in s. 48.02 (1) (a), (am), (g), or (gm), or neglect, each county department, the department, and a licensed child welfare agency under contract with the department agency shall adopt a written policy specifying the kinds of reports it will routinely report to local law enforcement authorities.

AB489,38 Section 38. 48.981 (3) (a) 4. of the statutes is renumbered 48.981 (3) (dg) and amended to read:

AB489,16,11 48.981 (3) (dg) Coordination of investigation. If the report is of suspected or threatened abuse, as defined in s. 48.02 (1) (b) to (f), the sheriff or police department and the county department, department, or licensed child welfare agency under contract with the department agency shall coordinate the planning and execution of the investigation of the report.

AB489,39 Section 39. 48.981 (3) (b) of the statutes is renumbered 48.981 (3d).

AB489,40 Section 40. 48.981 (3) (bm) of the statutes is renumbered 48.981 (3f) (bm) and 48.981 (3f) (bm) (intro.), as renumbered, is amended to read:

AB489,16,24 48.981 (3f) (bm) (intro.) Notice of report to Indian to tribal agent. In a county that has wholly or partially within its boundaries a federally recognized Indian reservation or a bureau of Indian affairs service area for the Ho-Chunk tribe, if a county department that receives a report under par. (a) sub. (3) pertaining to a child or an unborn child knows or has reason to know that the child is an Indian child who resides in the county or that the unborn child is an Indian unborn child whose expectant mother resides in the county, the county department shall provide notice, which shall consist only of the name and address of the Indian child or expectant mother and the fact that a report has been received about that Indian child or Indian unborn child, within 24 hours to one of the following: