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LRB-1792/4
EHS:kjf
2015 - 2016 LEGISLATURE
November 9, 2015 - Introduced by Representatives Brandtjen, Jacque, Neylon,
Gannon, Horlacher, Kleefisch, Krug, T. Larson, Murphy, Pope, Sinicki,
Thiesfeldt and Tittl, cosponsored by Senator L. Taylor. Referred to
Committee on Family Law.
AB489,3,16 1An Act to repeal 48.981 (2) (a) 15., 16. and 16m., 48.981 (2m), 48.981 (3) (c) 9.,
248.981 (3m) (d), 48.981 (7) (a) 2r., 48.981 (7) (a) 10g., 48.981 (7) (a) 10j. and
348.981 (7) (a) 10r.; to renumber 48.981 (1) (ct), 48.981 (1) (cv), 48.981 (1) (cx),
448.981 (1) (i), 48.981 (2) (a) 17. to 29., 48.981 (3) (a) 2. a. to d., 48.981 (3) (b),
548.981 (3) (c) 2., 48.981 (3) (c) 2m., 48.981 (3) (c) 5., 48.981 (7) (a) 1., 48.981 (7)
6(a) 2., 48.981 (7) (a) 3., 48.981 (7) (a) 3m., 48.981 (7) (a) 4p., 48.981 (7) (a) 9.,
748.981 (7) (a) 11r., 48.981 (7) (a) 12., 48.981 (7) (a) 14m., 48.981 (7) (a) 15g.,
848.981 (7) (cr) 1. a. and b., 48.981 (7) (cr) 2. a. to f., 48.981 (7) (cr) 4. a. to d., 48.981
9(7) (cr) 4. f. and g., 48.981 (7) (cr) 5. a. to d., 48.981 (7) (cr) 5. f., 48.981 (7) (cr)
106. a. to e. and 48.981 (7) (cr) 7. a. and b.; to renumber and amend 48.981 (1)
11(b), 48.981 (2) (a) (intro.) and 1. to 14., 48.981 (3) (a) 1., 48.981 (3) (a) 2. (intro.),
1248.981 (3) (a) 2d., 48.981 (3) (a) 2g., 48.981 (3) (a) 3., 48.981 (3) (a) 4., 48.981 (3)
13(bm), 48.981 (3) (c) (title), 48.981 (3) (c) 1. a., 48.981 (3) (c) 1. b., 48.981 (3) (c)
143., 48.981 (3) (c) 4., 48.981 (3) (c) 5m., 48.981 (3) (c) 5p., 48.981 (3) (c) 5r., 48.981

1(3) (c) 6., 48.981 (3) (c) 6m., 48.981 (3) (c) 7., 48.981 (3) (c) 8., 48.981 (3) (cm),
248.981 (3) (d), 48.981 (7) (a) (intro.), 48.981 (7) (a) 1m., 48.981 (7) (a) 2m., 48.981
3(7) (a) 4., 48.981 (7) (a) 4m., 48.981 (7) (a) 5., 48.981 (7) (a) 6., 48.981 (7) (a) 6m.,
448.981 (7) (a) 8., 48.981 (7) (a) 8m., 48.981 (7) (a) 8s., 48.981 (7) (a) 10., 48.981
5(7) (a) 10m., 48.981 (7) (a) 11., 48.981 (7) (a) 11m., 48.981 (7) (a) 13., 48.981 (7)
6(a) 14., 48.981 (7) (a) 15., 48.981 (7) (a) 15m., 48.981 (7) (a) 17., 48.981 (7) (am),
748.981 (7) (b), 48.981 (7) (c), 48.981 (7) (cm), 48.981 (7) (cp), 48.981 (7) (cr) 1.
8(intro.), 48.981 (7) (cr) 2. (intro.), 48.981 (7) (cr) 3., 48.981 (7) (cr) 4. (intro.),
948.981 (7) (cr) 4. e., 48.981 (7) (cr) 5. (intro.), 48.981 (7) (cr) 5. e., 48.981 (7) (cr)
106. (intro.), 48.981 (7) (cr) 7. (intro.), 48.981 (7) (cr) 8., 48.981 (7) (cr) 9., 48.981
11(7) (d), 48.981 (7) (dm), 48.981 (7) (e), 48.981 (7) (f) and 48.981 (10); to
12consolidate, renumber and amend
48.981 (2) (bm) 1. (intro.), a. and b. and
1348.981 (2) (bm) 2. (intro.), a. and b.; to amend 48.236 (4) (a), 48.24 (5), 48.375
14(4) (b) 1g., 48.375 (4) (b) 2., 48.685 (2) (am) 4., 48.685 (2) (b) 1. d., 48.685 (4m)
15(a) 4., 48.685 (4m) (b) 4., 48.981 (1) (ag), 48.981 (2) (b), 48.981 (2) (bm) 3., 48.981
16(2) (c), 48.981 (2) (d), 48.981 (2r), 48.981 (3) (title), 48.981 (3m) (b) 1., 48.981 (3m)
17(c) (intro.), 48.981 (3m) (c) 1., 48.981 (3m) (c) 2. b., 48.981 (3m) (c) 3., 48.981 (5),
1848.981 (8) (a), 48.981 (8) (b), 48.981 (8) (c), 48.981 (9) (b) 1., 48.981 (9) (b) 2.,
1948.983 (1) (b) 1. b., 48.983 (6) (b) 4., 50.065 (2) (am) 4., 50.065 (2) (b) 4., 50.065
20(4m) (a) 4., 50.065 (4m) (b) 4., 51.30 (4) (b) 17., 118.07 (5), 146.82 (2) (a) 11. and
2118m., 895.442 (1) (a), 895.442 (5), 905.06 (4) and 948.03 (6); and to create
2248.981 (1) (bm), 48.981 (2) (ag), 48.981 (2) (ar) 16r., 30. and 31., 48.981 (2) (bm)
23(title), 48.981 (2) (bm) 1d., 48.981 (3d) (a) (title), 48.981 (3d) (b) (title), 48.981
24(3d) (bm) (title), 48.981 (3d) (c) (title), 48.981 (3f) (title) and (a) (intro.), 48.981
25(3g) (a) (title), 48.981 (3g) (b) (title), 48.981 (3g) (bm) (title), 48.981 (3g) (h)

1(title), 48.981 (3m) (a) (title), 48.981 (3m) (b) (title), 48.981 (7d) (intro.), 48.981
2(7d) (a) (title), 48.981 (7d) (b) (title), 48.981 (7d) (c) (title), 48.981 (7d) (cm) (title),
348.981 (7d) (dp) (title), 48.981 (7d) (hm) (title), 48.981 (7d) (i) (title), 48.981 (7d)
4(Lr) (title), 48.981 (7d) (m) (title), 48.981 (7d) (om) (title), 48.981 (7d) (pg) (title),
548.981 (7g) (intro.), 48.981 (7m) (title), 48.981 (7r) (title) and 48.981 (8) (d) (title)
6of the statutes; relating to: recodification of the child abuse and neglect
7reporting law; making probation agents, parole agents, and certain employees,
8contractors, and volunteers of schools and institutions of higher education
9mandated reporters of child abuse and neglect; training in child abuse and
10neglect identification, laws, and procedures and in human trafficking
11identification for certain employees, contractors, and volunteers of schools;
12eliminating an exception to the child abuse reporting requirement for providers
13of certain health care services when the suspected or threatened abuse consists
14of sexual intercourse or contact with a child; definitions of physical injury and
15neglect for purposes of mandated reporting of child abuse and neglect; and
16granting rule-making authority.
Analysis by the Legislative Reference Bureau
Introduction
This bill recodifies the child abuse and neglect reporting law for clarity and
organization. The bill also makes various changes with respect to the categories of
mandatory reporters of suspected abuse and neglect of children, eliminates an
exception to the child abuse reporting requirement for certain health care providers
when the abuse consists of sexual intercourse or contact involving a child, and
amends the definitions of "abuse" and "neglect" for purposes of the child abuse and
neglect reporting requirement.
Persons Mandated to Report; Training
Current law requires certain professionals to report suspected abuse and
neglect of 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:
1. Adds probation agents and parole agents to the list of professionals who are
mandated to report suspected abuse or neglect.
2. 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.
3. Exempts from the obligation to report: a) children; and b) students who have
not yet graduated from high school.
4. 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.
5. 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.
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 1Section 1. 48.236 (4) (a) of the statutes is amended to read:
AB489,6,162 48.236 (4) (a) Inspect any reports and records relating to the child who is the
3subject of the proceeding, the child's family, and any other person residing in the
4same home as the child that are relevant to the subject matter of the proceeding,
5including records discoverable under s. 48.293, examination reports under s. 48.295
6(2), law enforcement reports and records under ss. 48.396 (1) and 938.396 (1) (a),
7court records under ss. 48.396 (2) (a) and 938.396 (2), social welfare agency records

1under ss. 48.78 (2) (a) and 938.78 (2) (a), abuse and neglect reports and records under
2s. 48.981 (7) (a) 11r. (7d) (Lr), and pupil records under s. 118.125 (2) (L). The order
3shall also require the custodian of any report or record specified in this paragraph
4to permit the court-appointed special advocate to inspect the report or record on
5presentation by the court-appointed special advocate of a copy of the order. A
6court-appointed special advocate that obtains access to a report or record described
7in this paragraph shall keep the information contained in the report or record
8confidential and may disclose that information only to the court. If a
9court-appointed special advocate discloses any information to the court under this
10paragraph, the court-appointed special advocate shall also disclose that information
11to all parties to the proceeding. If a court-appointed special advocate discloses
12information in violation of the confidentiality requirement specified in this
13paragraph, the court-appointed special advocate is liable to any person damaged as
14a result of that disclosure for such damages as may be proved and, notwithstanding
15s. 814.04 (1), for such costs and reasonable actual attorney fees as may be incurred
16by the person damaged.
AB489,2 17Section 2. 48.24 (5) of the statutes is amended to read:
AB489,7,1218 48.24 (5) The intake worker shall request that a petition be filed, enter into an
19informal disposition, or close the case within 60 days after receipt of referral
20information. If the referral information is a report received by a county department
21or, in a county having a population of 500,000 or more, the department or a licensed
22child welfare agency under contract with the department under s. 48.981 (3) (a) 1.,
232., or 2d.,
,(bg), or (bp) that 60-day period shall begin on the day on which the report
24is received by the county department, department, or licensed child welfare agency.
25If the case is closed or an informal disposition is entered into, the district attorney,

1corporation counsel, or other official under s. 48.09 shall receive written notice of that
2action. If a law enforcement officer has made a recommendation concerning the
3child, or the unborn child and the expectant mother of the unborn child, the intake
4worker shall forward this recommendation to the district attorney, corporation
5counsel, or other official under s. 48.09. If a petition is filed, the petition may include
6information received more than 60 days before filing the petition to establish a
7condition or pattern which, together with information received within the 60-day
8period, provides a basis for conferring jurisdiction on the court. The court shall grant
9appropriate relief as provided in s. 48.315 (3) with respect to any petition that is not
10referred or filed within the time periods specified in this subsection. Failure to object
11to the fact that a petition is not requested within the time period specified in this
12subsection waives any challenge to the court's competency to act on the petition.
AB489,3 13Section 3. 48.375 (4) (b) 1g. of the statutes is amended to read:
AB489,7,2314 48.375 (4) (b) 1g. The minor provides the person who intends to perform or
15induce the abortion with a written statement, signed and dated by the minor, in
16which the minor swears that the pregnancy is the result of a sexual assault in
17violation of s. 940.225 (1), (2), or (3) in which the minor did not indicate a freely given
18agreement to have sexual intercourse. The person who intends to perform or induce
19the abortion shall place the statement in the minor's medical record and report the
20sexual intercourse as required under s. 48.981 (2) or (2m) (e). Any minor who makes
21a false statement under this subdivision, which the minor does not believe is true,
22is subject to a proceeding under s. 938.12 or 938.13 (12), whichever is applicable,
23based on a violation of s. 946.32 (2).
AB489,4 24Section 4. 48.375 (4) (b) 2. of the statutes is amended to read:
AB489,8,7
148.375 (4) (b) 2. The minor provides the person who intends to perform or
2induce the abortion with a written statement, signed and dated by the minor, that
3the pregnancy is the result of sexual intercourse with a caregiver specified in s.
448.981 (1) (am) 1., 2., 3., 4. or 8. The person who intends to perform or induce the
5abortion shall place the statement in the minor's medical record. The person who
6intends to perform or induce the abortion shall report the sexual intercourse as
7required under s. 48.981 (2m) (d) 1 (2).
AB489,5 8Section 5. 48.685 (2) (am) 4. of the statutes is amended to read:
AB489,8,129 48.685 (2) (am) 4. Information maintained by the department regarding any
10final determination under s. 48.981 (3) (c) 5m. (3g) (e) or, if a contested case hearing
11is held on such a determination, any final decision under s. 48.981 (3) (c) 5p. (3g) (em)
12that the person has abused or neglected a child.
AB489,6 13Section 6. 48.685 (2) (b) 1. d. of the statutes is amended to read:
AB489,8,1714 48.685 (2) (b) 1. d. Information maintained by the department regarding any
15final determination under s. 48.981 (3) (c) 5m. (3g) (e) or, if a contested case hearing
16is held on such a determination, any final decision under s. 48.981 (3) (c) 5p. (3g) (em)
17that the person has abused or neglected a child.
AB489,7 18Section 7. 48.685 (4m) (a) 4. of the statutes is amended to read:
AB489,8,2219 48.685 (4m) (a) 4. That a final determination has been made under s. 48.981
20(3) (c) 5m. (3g) (e) or, if a contested case hearing is held on such a determination, a
21final decision has been made under s. 48.981 (3) (c) 5p. (3g) (em) that the person has
22abused or neglected a child.
AB489,8 23Section 8. 48.685 (4m) (b) 4. of the statutes is amended to read:
AB489,9,224 48.685 (4m) (b) 4. That a final determination has been made under s. 48.981
25(3) (c) 5m. (3g) (e) or, if a contested case hearing is held on such a determination, a

1final decision has been made under s. 48.981 (3) (c) 5p. (3g) (em) that the person has
2abused or neglected a child.
AB489,9 3Section 9. 48.981 (1) (ag) of the statutes is amended to read:
AB489,9,124 48.981 (1) (ag) "Agency" means a county department, the department in a
5county having a population of 500,000 750,000 or more, or a licensed child welfare
6agency under contract with a county department or the department in a county
7having a population of 500,000 750,000 or more to perform investigations under this
8section. For purposes of performing the duties specified in subs. (3g) (a), (b) 2., (bm)
92., (f), (fm), and (h) 1., 2., and 3. and for purposes of confidentiality of reports and
10records under sub. (7) to (7m), "agency" also includes a licensed child welfare agency
11under contract with a county department to perform investigations under this
12section.
AB489,10 13Section 10. 48.981 (1) (b) of the statutes is renumbered 48.981 (7d) (hm) 1. and
14amended to read:
AB489,9,2515 48.981 (7d) (hm) 1. "Community In this paragraph, "community placement"
16means probation; extended supervision; parole; aftercare; conditional transfer into
17the community under s. 51.35 (1); conditional transfer or discharge under s. 51.37
18(9); placement in a Type 2 residential care center for children and youth or a Type 2
19juvenile correctional facility authorized under s. 938.539 (5); conditional release
20under s. 971.17; supervised release under s. 980.06 or 980.08; participation in the
21community residential confinement program under s. 301.046, the intensive
22sanctions program under s. 301.048, the corrective sanctions program under s.
23938.533, the intensive supervision program under s. 938.534, or the serious juvenile
24offender program under s. 938.538; or any other placement of an adult or juvenile
25offender in the community under the custody or supervision of the department of

1corrections, the department of health services, a county department under s. 46.215,
246.22, 46.23, 51.42, or 51.437 or any other person under contract with the
3department of corrections, the department of health services or a county department
4under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to exercise custody or supervision over
5the offender.
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