March 7, 2025 - Introduced by Joint Legislative Council. Referred to Committee on Mental Health, Substance Abuse Prevention, Children and Families.
SB108,1,2
1An Act to create 20.435 (5) (bx) and 46.537 of the statutes; relating to:
2sharing minors’ safety plans. Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in the bill.
For further information see the state fiscal estimate, which will be printed as an appendix to this 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 Study Committee on Emergency Detention and Civil Commitment of Minors.
The bill requires the Department of Health Services (DHS) to develop and maintain a portal that is available throughout the state to facilitate sharing of safety plans for a minor in crisis among safety plan partners. The bill defines a safety plan as an individual’s written document, created in advance of a crisis, that provides guidance on how to help the individual when the individual experiences a behavioral or developmental health challenge or crisis.
Safety Plan Contents and Requirements
A minor who is at risk of an encounter with law enforcement or other emergency service providers during a behavioral or developmental health challenge or crisis may create a safety plan with the assistance of a facilitator. The bill directs DHS to develop a standard safety plan template, and specifies that a minor’s safety plan may include any of the following information: the minor’s name and address or addresses; what it looks like when the minor feels unsafe or needs assistance; de-escalation strategies that work for the minor; contact information for the minor’s parent or guardian, health care providers, and individuals who can provide emotional support to the minor in times of crisis; what the minor would like law enforcement officers or emergency responders to know; and other information that is important to the minor.
The bill specifies that a safety plan expires one year after the date the safety plan is signed.
Release of Information
The bill allows a minor’s safety plan to be shared with a safety plan partner only if the minor has signed a release of information stating that the minor agrees and understands that the safety plan will be used only to ensure the safety and well-being of the minor, may be revoked at any time other than during a crisis, will be shared in the portal and may be accessed by all safety plan partners and other networks in the portal, and that the release of information will be attached to the minor’s safety plan. The release of information must identify all current safety plan partners and include the minor’s acknowledgment that additional safety plan partners may join the network and access the minor’s safety plan. A facilitator must ensure that the minor understands the release of information.
The bill specifies that a safety plan partner may access a safety plan only to ensure the safety and well-being of the minor during a crisis, to review or update a safety plan, or at the minor’s request. A safety plan partner must maintain confidentiality of a safety plan and may disclose a safety plan to a person who is not a safety plan partner in the network only if the person is the minor’s parent, guardian, legal custodian, Indian custodian, legal representative, another safety plan network during a crisis, or a bona fide researcher using de-identified information.
Safety Plan Network
The bill authorizes two or more persons or entities to form a network with each other for the purpose of sharing safety plans for minors at risk of an encounter with law enforcement or other emergency service providers during a behavioral or developmental health challenge or crisis. The bill provides the following examples of persons or entities that may choose to form a safety plan network: systems of care through public or private entities that provide specialized services for children or that provide child welfare, juvenile justice, educational, or other identified services for children; a physical or mental health care provider; a county department of human services; a county department of social services; a school; a school district; a law enforcement agency; a fire department; an emergency medical services provider; a tribal agency; child welfare services in Milwaukee County; 911 dispatchers; and the 988 suicide and crisis lifeline.
When a network is formed, the safety plan partners must enter into a formalized agreement that addresses the expectations for the safety plan partners, such as the safety plan partners’ obligations, training requirements, and roles in the network.
Safety Plan Sharing Portal
As noted above, the bill requires DHS to develop and maintain a portal that is available throughout the state to facilitate sharing of safety plans among safety plan partners. Alternatively, DHS may make payments to the nonprofit corporation that supports the state’s electronic health information exchange to develop and maintain the portal. The bill authorizes a full-time staff position and includes a placeholder to add funding in DHS’s schedule under the biennial state budget to develop and maintain the portal.
The portal must have certain functionalities, including the ability to fill out a safety plan online, notifications to a minor and facilitator when a plan is about to expire, a standard safety plan template, simplified views that allow law enforcement officers to have quick access to safety plan information, capacity and integration capabilities, a common data security standard, and safety plan audit data and use logging with reporting capabilities.
SB108,1
1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, 2insert the following amounts for the purposes indicated: SB108,27Section 2. 20.435 (5) (bx) of the statutes is created to read: SB108,2,9820.435 (5) (bx) Minors’ safety plan sharing portal. The amounts in the 9schedule to develop and maintain the portal under s. 46.537 (5). SB108,310Section 3. 46.537 of the statutes is created to read: SB108,2,111146.537 Sharing minors’ safety plans. (1) Definitions. In this section: SB108,2,1312(a) “Facilitator” means an individual who assists in the creation of a safety 13plan. SB108,2,1614(b) “Safety plan” means an individual’s written document, created in advance 15of a crisis, that provides guidance on how to help the individual when the individual 16experiences a behavioral or developmental health challenge or crisis. SB108,2,1817(c) “Safety plan partner” means a person who is part of a network formed 18under sub. (4) (a). SB108,2,2219(2) Safety plan contents and requirements. (a) A minor who is at risk of 20an encounter with law enforcement or other emergency service providers during a 21behavioral or developmental health challenge or crisis may create a safety plan, 22with a facilitator, that includes any of the following information about the minor: SB108,3,1
11. The minor’s name. SB108,3,222. The minor’s address or addresses. SB108,3,333. What it looks like when the minor feels unsafe or needs assistance. SB108,3,444. De-escalation strategies that work for the minor. SB108,3,555. Contact information for the minor’s parent or guardian. SB108,3,766. Contact information for the minor’s health care providers, as defined under 7s. 146.81 (1) (a) to (hp). SB108,3,987. Contact information for individuals who can provide emotional support to 9the minor in times of crisis. SB108,3,11108. What the minor would like law enforcement officers or emergency medical 11responders to know. SB108,3,12129. Other information that is important to the minor. SB108,3,1413(b) A minor and a facilitator who create a safety plan under par. (a) shall sign 14the safety plan. SB108,3,1615(c) A safety plan created under par. (a) expires one year after the date the 16safety plan is signed. SB108,3,2017(3) Safety plan sharing; release of information. (a) A minor’s safety 18plan may be shared with a safety plan partner through the portal under sub. (5) 19only if the minor has signed a release of information stating that the minor agrees 20and understands all of the following: SB108,3,22211. The safety plan will be used only to ensure the safety and well-being of the 22minor by the safety plan partners. SB108,3,23232. The safety plan may be revoked at any time other than during a crisis. SB108,4,2
13. The safety plan will be shared in the portal under sub. (5) and may be 2accessed by all safety plan partners. SB108,4,434. Additional safety plan partners may join the network under sub. (4) (a) and 4the safety plan may be shared with those additional safety plan partners. SB108,4,655. During a crisis, the safety plan may be accessed by a different network 6formed under sub. (4) (a) that uses the portal under sub. (5). SB108,4,876. The release of information will be attached to the minor’s safety plan until 8the safety plan expires or is revoked. SB108,4,109(b) A facilitator shall ensure the minor understands the release of information 10under. par. (a). SB108,4,1211(c) A release of information under par. (a) shall identify all current safety plan 12partners at the time the release of information is signed by the minor. SB108,4,1413(d) A release of information signed by a minor under par. (a) shall be attached 14to the minor’s safety plan until the safety plan expires or is revoked. SB108,4,1715(e) A safety plan partner may access a safety plan only to ensure the safety 16and well-being of the minor during a crisis, to review or update a safety plan, or at 17the minor’s request. SB108,4,2018(f) A safety plan partner shall maintain confidentiality of a safety plan and 19may disclose a safety plan to a person who is not in the safety plan partner’s 20network under sub. (4) (a) only if the person is one of the following: SB108,4,22211. The minor’s parent, guardian, legal custodian, Indian custodian, as defined 22in s. 48.02 (8p), or legal representative. SB108,4,24232. During a crisis, another safety plan network formed under sub. (4) (a) that 24uses the portal under sub. (5). SB108,5,1
13. A bona fide researcher using de-identified information. SB108,5,52(4) Safety plan network. (a) Two or more persons, including any of the 3following, may form a network for the purpose of sharing safety plans of minors who 4are at risk of an encounter with law enforcement or other emergency service 5providers during a behavioral or developmental health challenge or crisis: SB108,5,661. A system of care, as defined in s. 46.56 (1) (or). SB108,5,772. A physical or mental health care provider. SB108,5,883. A county department of human services. SB108,5,994. A county department of social services. SB108,5,11116. A school district. SB108,5,12127. A law enforcement agency, as defined in s. 165.77 (1) (b). SB108,5,13138. A fire department, as defined in s. 66.0314 (1) (c). SB108,5,14149. An emergency medical services provider, as defined in s. 256.215 (1) (d).
