LRB-3455/1
EHS&MIM:amn
2019 - 2020 LEGISLATURE
December 6, 2019 - Introduced by Senators Testin and Wanggaard, cosponsored
by Representatives Snyder, Krug, James, Kulp, Ramthun, Tusler and
Skowronski. Referred to Committee on Universities, Technical Colleges,
Children and Families.
SB610,1,2
1An Act to amend 48.981 (7) (a) 4p.; and
to create 103.155 of the statutes;
2relating to: disclosure of child abuse and neglect reports and records.
Analysis by the Legislative Reference Bureau
This bill prohibits the disclosure of, or request or requirement to disclose,
reports of suspected child abuse or neglect and related records to certain persons if
an investigation led to a determination that there is no reason to suspect that abuse
or neglect occurred or is likely to occur.
Current law requires certain professionals to report suspected abuse and
neglect of children if the professional, in the course of his or her professional duties,
has reasonable cause to suspect that a child has been abused or neglected, or has
reason to believe that a child has been threatened with abuse or neglect and that
abuse or neglect will occur. Current law also allows any person who is not a
mandated reporter to report suspected abuse or neglect of children if he or she has
reason to suspect that a child has been abused or neglected or reason to believe that
a child has been threatened with abuse or neglect and that abuse or neglect of the
child will occur. Under current law, such reports are made, by telephone or
personally, to the county department of human services or social services or, in
Milwaukee County, the Department of Children and Families or a licensed child
welfare agency under contract with DCF or the sheriff or city, village, or town police
department. Current law provides a procedure for evaluating and investigating such
reports.
Under current law, all reports of suspected abuse or neglect of a child and
related records are confidential and may be disclosed only to certain persons under
certain circumstances. Current law allows such reports and records to be disclosed
to a public or private agency that is investigating a person for purpose of licensing
the person to operated a foster home or placing a child for adoption in the home of
the person. Under this bill, such a report or record may not be disclosed under these
circumstances if, pursuant to an investigation of a report, there was a determination
that there is no reason to suspect that abuse or neglect has occurred or is likely to
occur.
The bill also prohibits an employer, agent of an employer, or licensing agency
from requesting or requiring an employee, prospective employee, or applicant for a
license to disclose a report of suspected child abuse or neglect if an investigation led
to a determination that there is no reason to suspect that abuse or neglect occurred
or is likely to occur.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB610,2,93
48.981
(7) (a) 4p. A public or private agency in this state or any other state that
4is investigating a person for purposes of licensing the person to operate a foster home
5or placing a child for adoption in the home of the person or for the purposes of
6conducting a background investigation of an adult congregate care worker, as
7defined in s. 48.685 (1) (ap)
, except that a report or record may not be disclosed under
8this subdivision if there was a determination under sub. (3m) (c) 3. that there is no
9reason to suspect that abuse or neglect has occurred or is likely to occur.
SB610,2
10Section
2. 103.155 of the statutes is created to read:
SB610,2,13
11103.155 Required reporting of allegation of abuse or neglect of a child
12that was unsubstantiated. (1) Definition. In this section, “licensing agency” has
13the meaning given in s. 111.32 (11).
SB610,3,3
14(2) Prohibited acts. (a) No employer or agent of an employer may request or
15require an employee or prospective employee, as a condition of employment, to
1disclose a report or investigation of suspected abuse or neglect of a child if there was
2a determination under s. 48.981 (3m) (c) 3. that there is no reason to suspect that
3abuse or neglect has occurred or is likely to occur.
SB610,3,74
(b) No licensing agency may request or require an individual, as a condition of
5licensing, to disclose a report or investigation of suspected abuse or neglect of a child
6if there was a determination under s. 48.981 (3m) (c) 3. that there is no reason to
7suspect that abuse or neglect has occurred or is likely to occur.
