DHS 13.05DHS 13.05 Allegations of caregiver misconduct. DHS 13.05(1)(d)(d) “Report” means any allegation of misconduct that has been filed, either orally or in writing, and includes any similar additional allegations that are discovered during the course of an investigation. DHS 13.05(1)(e)(e) “Reporter” means the person or entity who files a report with the department. DHS 13.05(1)(f)(f) “Subject of the report” means the person against whom an allegation of misconduct is made or, when an attorney files a written notice of appearance in the matter, the attorney representing the person. DHS 13.05(2)(2) Entity’s responsibility to protect clients. Upon learning of an incident of alleged misconduct, an entity shall take whatever steps are necessary to ensure that clients are protected from subsequent episodes of misconduct while a determination on the matter is pending. DHS 13.05(3)(3) Entity’s responsibility to report allegations. DHS 13.05(3)(a)(a) Entity’s duty to report to the department. Except as provided under pars. (b) and (c), an entity shall report to the department any allegation of an act, omission or course of conduct described in this chapter as client abuse or neglect or misappropriation of client property committed by any person employed by or under contract with the entity if the person is under the control of the entity. The entity shall submit its report on a form provided by the department within 7 calendar days from the date the entity knew or should have known about the misconduct. The report shall contain whatever information the department requires. DHS 13.05(3)(b)(b) Entity’s duty to report to the department of safety and professional services. In addition to the reporting requirement under par. (c), an entity shall report to the department of safety and professional services any allegation of misconduct committed by any person employed by or under contract with the entity, if the person holds a credential from the department of safety and professional services that is related to the person’s employment at, or contract with, the entity. The entity’s report shall be made within 7 calendar days from the date the entity knew or should have known about the misconduct. DHS 13.05 NoteNote: This report may be mailed to the Department of Safety and Professional Services, Division of Enforcement, P.O. Box 8935, Madison, Wisconsin 53708-8935 or emailed to DHSCaregiverIntake@dhs.wisconsin.gov for referral. DHS 13.05(3)(c)(c) Entity’s duty to report child abuse or neglect to county authorities. In accordance with s. 48.981, Stats., an entity shall immediately report, by telephone or personally, to the county department of social services or human services or the sheriff or city, village or town police department the facts and circumstances contributing to a suspicion that child abuse or neglect has occurred or to a belief that it will occur. In addition, the entity shall notify the department in writing or by phone within 7 calendar days that the report has been made. DHS 13.05(3)(d)(d) Entity’s duty to notify subject of the report. An entity shall notify the subject of a report under par. (a), (b) or (c) that an allegation of abuse or neglect of a client or misappropriation of a client’s property has been made and that the report is being forwarded to the appropriate authority. Notice to the subject of the report shall be given as soon as practicable, but within 7 calendar days of the entity’s reporting to the appropriate authority. DHS 13.05(3)(e)(e) Penalty for failure to report incidents of caregiver misconduct. An entity that intentionally fails to report an allegation of misconduct under this subsection by any person employed by or under contract with the entity may be required to forfeit not more than $1,000 and may be subject to any of the following sanctions: DHS 13.05(3)(e)1.1. Submission by the entity of a plan of correction for approval by the department, and implementation of the plan of correction. DHS 13.05(3)(e)2.2. Implementation by the entity of a department-imposed plan of correction. DHS 13.05(3)(e)3.3. Any regulatory limitations or conditions, as appropriate, imposed by the department on the entity. DHS 13.05(3)(e)4.4. Suspension or revocation of licensure, certification or other approval for a period of not more than 5 years. DHS 13.05(3)(e)5.5. Notification in a local newspaper of the act and, if applicable, any forfeiture imposed. DHS 13.05 NoteNote: When allegations that are the subject of a report involve the possible commission of a crime, reporters should also separately notify law enforcement authorities having jurisdiction in the case.
DHS 13.05(4)(4) Reports submitted to the department by other persons. DHS 13.05(4)(a)(a) If any individual believes that a person employed by or under contract with an entity has abused or neglected a client or misappropriated a client’s property, the individual may report this to the department. The report may be made by phone or in writing on a form provided by the department. DHS 13.05(4)(b)(b) Upon receiving a report under par. (a), the department shall do all of the following, as appropriate: DHS 13.05(4)(b)1.1. In accordance with s. 48.981, Stats., immediately notify county authorities with reasonable particularity if the action that forms the basis for the allegation of abuse or neglect involves a victim who is a minor.