DHS 13.05 Note Note: 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 [e-mail] 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 Note Note: To notify the Department that a report has been made, email [e-mail].

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 Note Note: 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 Note Note: To report a complaint, access https://www.dhs.wisconsin.gov/guide/complaints.htm or call and leave a message at 800-642-6552.

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.

DHS 13.05(4)(b)2. 2. Immediately notify the department of safety and professional services if the subject of the report holds a credential from the department of safety and professional services.

DHS 13.05(4)(b)3. 3. In accordance with s. 46.90, Stats., notify the lead elder abuse agency designated under s. 46.90 (2), Stats.

DHS 13.05(4)(c) (c) If an individual believes that a person employed by or under contract with an entity has abused or neglected or misappropriated the property of a client who is aged 60 or older or subject to degenerative brain disorder and who either does not reside in a nursing home or community-based residential facility licensed under ch. 50, Stats., or receive services from a home health agency licensed under ch. 50, Stats., the individual or entity may file a report with the agency designated by the county board to serve as the lead agency for elder abuse in accordance with s. 46.90, Stats. The lead elder abuse agency designated under s. 46.90 (2), Stats., shall notify the department that it has received the report.

DHS 13.05 Note Note: 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(5) (5) Forwarding findings from other investigations to the department. Upon conclusion of an investigation conducted pursuant to a report made under sub. (3) (b) or (c) or (4) to county authorities in accordance with s. 48.981, Stats., or s. 46.90, Stats., or to the department of safety and professional services, the county authorities or the department of safety and professional services shall forward the findings to the department.

DHS 13.05(6) (6) Review by the department.

DHS 13.05(6)(a) (a) Responsibility. The department shall review and, if necessary, conduct further investigation in regard to each report it receives under sub. (3) or (4). The department shall coordinate its investigatory efforts with other investigatory authorities or agencies where appropriate and, if necessary, conduct further investigation when notified of allegations under subs. (3) (c) and (4) (c).

DHS 13.05(6)(b) (b) Investigation procedures.

DHS 13.05(6)(b)1. 1. After receiving a report of alleged misconduct, the department shall review the report and shall make a determination as to whether further investigation is necessary. In reviewing reports it receives, the department shall consider at least all of the following:

DHS 13.05(6)(b)1.a. a. Whether the allegation of misconduct is a violation of any statute, rule or standard of practice.

DHS 13.05(6)(b)1.b. b. Whether the allegation of misconduct, if taken as a whole, has merit.

DHS 13.05(6)(b)2. 2. If the department determines that an allegation lacks merit, the department shall notify in writing the reporter, the subject of the report and the involved entity or staffing agency, if known, of the department’s determination.

DHS 13.05(6)(b)3. 3. If the department determines further investigation of a report is necessary, the department shall provide the subject of the report, the reporter and the involved entity or the staffing agency, if known, with written notice of the department’s decision to conduct further investigation. The notice shall contain all of the following: