WISCONSIN

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WHO:        ANY person – including an attorney – MAY report: (1) reason to suspect a child was abused or neglected; or (2) reason to believe a child was threatened with abuse or neglect and that it will occur; or (3) reason to suspect an unborn child was abused; or (4) reason to believe an unborn child is at substantial risk of abuse.  [Stat. Ann. §§ 48.981(2)(c),(d)]  

These are mandatory (MUST report) • Physicians, coroners, medical examiners, nurses, dentists, chiropractors, optometrists, acupuncturists, other medical or mental health professionals • Social workers, marriage & family therapists; professional counselors; public assistance workers (including financial and employment planners) • School teachers, school administrators, school counselors, school employees not otherwise specified above • Mediators (under § 767.405) • Child care workers in child care centers, group homes, or residential care centers, or child care providers • Alcohol or other drug abuse counselors, or members of the treatment staff employed by or working under contract with a county department or a residential care center for children and youth • Physical therapists, physical therapist assistants, occupational therapists, dietitians, speech-language pathologists, audiologists • Emergency medical services practitioners, or emergency medical responders • Police or law enforcement officers, or juvenile correctional officers • Included in their own categories: Court-appointed special advocates • Members of the clergy or religious orders, including brothers, ministers, monks, nuns, priests, rabbis, or sisters.  [Stat. Ann. § 48.981(2)(a),(b),(bm),(cx)]

·       NOTE: The mandate is limited to observations in the course of professional duties.

·       STANDARD:  [Stat. Ann. §§ 48.981(1)(h),(2)(a),(2)(b),(2)(bm),(2m); 48.981(1)(h); 48.02(2); 948.01(1); 175.32(2)]  Child means under age 18, including unborn.

(1)     For all mandated reports, for a child seen in the course of professional duties: (a) reasonable cause to suspect the child was abused or neglected; or (b) reason to believe the child was threatened with abuse or neglect and that it will occur.

(2)     For all mandated reports, for an individual seen in the course of professional duties: based on a threat made by the individual regarding violence in or targeted at a school, belief in good faith that there is a serious and imminent threat to the health or safety of a student or school employee or the public.

(3)     For clergy (but subject to clergy-confession privilege): in ADDITION to the mandatory standard above: reasonable cause, based on observations made or information that s/he receives, suspecting that a clergy member has either: (a) abused a child; or (b) threatened a child with abuse, and abuse will likely occur.

(4)     For mandated reports of a health-care provider (physician, physician’s assistant, registered nurse, or licensed practical nurse): reason to suspect any of the following for a child in his/her care, as to sexual intercourse or sexual contact:

(a)      An act occurred with a caregiver, or is likely to;

(b)      Mental illness or mental deficiency did or does render the child temporarily or permanently incapable of understanding or evaluating the consequences;

(c)      Due to age or immaturity, the child cannot or could not understand the nature or consequences of the act;

(d)      The child was unconscious during the act or otherwise physically unable to communicate unwillingness;

(e)      That another participant in the act was or is exploiting the child; or

(f)       Reasonable doubt that the child participated voluntarily in the act.

(5)     For medical or mental health professionals: MAY report suspected abuse if they see an abuser (not victim) in the course of professional duties. [76 Atty. Gen. 39]

(6)     For any reporter: (a) reason to suspect that a child has been abused or neglected; or (b) reason to believe a child has been threatened with abuse or neglect and that it will occur; (c) reason to suspect an unborn child has been abused; or (d) reason to believe an unborn child is at substantial risk of abuse.

·       PRIVILEGE:  (1) Information learned only under clergy-confession privilege is exempt from reporting.  [Stat. Ann. § 48.981(2)(bm)3]

·       OTHER EXEMPTIONS:

(1)   A person who delegates a child’s care and custody to someone else by power of attorney is NOT required to report suspecting abuse or neglect by them, but MAY report it under the standard for any reporter.  [Stat. Ann. § 48.981(2r)]

(2)   A health-care provider (meaning physician, physician’s assistant, registered nurse, or licensed practical nurse) who provides a health care service (meaning family planning services, pregnancy testing, obstetrical health care or screening, diagnosis, and treatment for a sexually transmitted disease), or a person who obtains information about a child who is receiving or has received health care services from a health care provider: NONE of these is required to report a child’s sexual intercourse or sexual contact as suspected abuse UNLESS it falls within the standard shown above, but they MUST report it then.  [Ann. Stat. § 48.981(2m)]

WHEN:      For mandated reporters: IMMEDIATE.  [Stat. Ann. §§ 48.981(2)(b), (3)(a)(1)] 

WHERE & HOW:  Reports are by phone or in person, to the county or tribe where the child or his/her family lives, or if that is unclear, the report is to the closest county. The report is made to either the (WI) Dept. of Children & Families (DCF) or alternatively to local law enforcement.  [Stat. Ann. § 48.981(3)] 

·       DCF: Its Child Protective Services (CPS) agency takes reports at their county offices.

·       The sheriff or city / village / town police takes reports at the local department.

·       Threats of violence to a school: Any mandated reporter who has heard such a threat from an individual seen in the course of professional duties must report it by phone or in person to law enforcement immediately.  [Stat. Ann. § 175.32(3)]

·       Suspicious Deaths:  Any mandated reporter who has reasonable cause to suspect a child died as a result of abuse or neglect MUST report that fact to the appropriate medical examiner or coroner.  [Stat. Ann. § 48.981(5)]

CONTACT INFORMATION:

·       If abuse is now or violent:                        Dial 911 first; then report to DCF

·       For tribal contacts, see the Native American (first) jurisdiction section of this Digest, and/or Wisconsin state links at https://dpi.wi.gov/amind/tribalnationswi

·       DCF / CPS directory by county:                                                             https://dcf.wisconsin.gov/reportabuse

o   More info for Milwaukee county:                                                     https://dcf.wisconsin.gov/mcps/contacts

·       Wisconsin Sheriff & Police directory:       https://www.usacops.com/wi/ 

·       Wisconsin Medical Examiner & Coroner directory/map:

o   https://www.dhs.wisconsin.gov/vitalrecords/cmelist.pdf  and/or  http://wcmea.com/

·       Mandatory reporting FAQs & resources:

o    https://dcf.wisconsin.gov/cps/mandatedreporters

OTHER ASPECTS

·       REPORT DETAILS: The report must include facts and circumstances contributing to a suspicion of child abuse or neglect or of unborn child abuse or to a belief that abuse or neglect will occur.  [Stat. Ann. § 48.981(3)]

·       REPORTER PROTECTION: (1) The statutes reviewed do not require the reporter’s name. (2) The reporter’s identity is not disclosed to the report’s subject.  [Stat. Ann. § 48.981(7)(a)1,(7)(c)]  (3) Any reporter in good faith is immune from civil and criminal liability; good faith is presumed; but there is no immunity for abusing or neglecting a child, or for abusing an unborn child.  [Stat. Ann. §§ 48.981(4); 175.32(4)]  (4) No reporter may be discharged from employment for reporting.  [Stat. Ann. § 48.981(2)(e)] 

WHY:        Intentionally failing to make a required report of suspected child abuse or neglect or threats of school violence is punishable by < $1,000 fine and/or < 6 months imprisonment.  [Stat. Ann. §§ 48.981(6); 175.32(5)]

WHAT:      In Wisconsin, abuse or neglect means: non-accidental physical injury; severe prenatal exposure to alcohol or controlled drugs or their analogs; sexual abuse; sexual use/exploitation; methamphetamine manufacture in a child’s presence; untreated emotional damage; and neglect by failure to provide.  [Stat. Ann. §§ 48.02; 48.981]   

Initial Screening Criteria: whether there is reason to suspect: (a) abuse, neglect, or threat of them by a caregiver, or that a caregiver facilitated or failed to take action to prevent them; (b) immediate threat to the child’s safety; or (c) abuse or neglect that is substantial.  [Stat. Ann. § 48.981(3)(a)2.a-b,(3)(c)1,(3m)(c)1-2]   

·        Mandatory reporters are informed of actions within 60 days; non-parent relative permissive reporters are told after a written request.  [Stat. Ann. §§ 48.981(3)(c)6, 6m]

Reportable:   (a) a caregiver for physical injury, sexual abuse, sexual use/exploitation, methamphetamine environments, untreated emotional damage, or neglect by failure to provide; (b) a birth mother for severe prenatal exposure to alcohol, controlled drugs, or their analogs; (c) anyone for non-accidental physical injury; sexual abuse, sexual use/exploitation, or methamphetamine environments.  [See items below] 

·        Caregiver means a child’s: (a) parent, grandparent, great-grandparent, brother, sister, STEP-parent / brother / sister, or HALF-brother / sister; (b) guardian or legal custodian; (c) household member; (d) employee of a residential facility / care center for children and youth where the child is/was placed; (e) person who (has) provided care in or outside the child's home; (f) anyone else who has/had temporary or permanent control or supervision; or (g) any other relative.  [Stat. Ann.  § 48.9819(1)(am)]

Abuse means: (a) non-accidental physical injury; (b) severe prenatal exposure to alcohol, and controlled substances and their analogs; (c) sexual abuse in assaults and/or by caregivers; (d) sexual use in porn (exploitation), trafficking, prostitution, grooming, or exhibitionism; (e) methamphetamine manufacture with a child present or where s/he would see, smell, or hear it; and (f) untreated emotional damage.  [Stat. Ann. § 48.02(1),(12g)]

(A)     Physical injury (which is abuse if it is non-accidental) includes but is not limited to lacerations, fractured bones, burns, internal injuries, severe or frequent bruising or great bodily harm.  [Stat. Ann. §§ 48.981(1)(a); 48.02(14g)]

(1)     GREAT BODILY HARM includes any of: (i) substantial risk of death; (ii) serious permanent disfigurement; (iii) permanent or protracted loss or impairment of a body part or organ; or (iv) other serious injury. [Stat. Ann. § 939.22(14)]

(2)     EGREGIOUS ABUSE OR NEGLECT is, besides death or serious injury, violence, torture, multiple victims, inappropriate or cruel restraints, exposing a child to danger, etc.  [Stat. Ann. § 48.981(7)(cr)1.b]   

(B)     Prenatal exposure concerns an unborn child where (a) the expectant mother has habitual lack of self-control (b) to a severe degree, (c) in use of alcoholic beverages, controlled substances, or controlled substance analogs.  [Stat. Ann. § 48.02(1)(am)]

(C)     Sexual abuse includes sexual intercourse or sexual contact in any of: (a) sexual assault; (b) sexual assault of a child; (c) repeated sexual assaults; (d) sex with the child by a foster parent or employee / volunteer / manager at a shelter / group home / facility.  [Stat. Ann. § 48.02(1)(b)]

(1)     CONTEXT: THE AGE OF CONSENT is 18. Sex with a child under age 12 is de facto rape. Sexual contact with any child under age 15 is a felony. There are no close-in-age exceptions for underage sex, except a child age 15, 16, or 17 may consent to his/her spouse. [Stat. Ann. §§ 948.01(1); 948.02(2); 948.09; 948.093]

(2)     CONTEXT: INCEST includes any marriage, sexual intercourse, or sexual contact with a child knowing that s/he is: (a) related to the perpetrator by blood or adoption, to a degree of kinship closer than 2^nd cousin [i.e., less than 4^th degree]; or (b) is the perpetrator’s stepchild. A person responsible for the child’s welfare who knows the child is in such a relationship or that is intended, must stop or prevent it if physically and emotionally able to do so. [Stat. Ann. § 948.06]

(D)     Sexual abuse / exploitation includes: (a) explicit conduct for child porn solicited by anyone or permitted by caregivers; (b) prostitution; (c) causing a child to view or listen to sexual activity for anyone’s gratification, arousal, humiliation, or degradation; or (d) exposure to or by a child of genitals, pubic area, or intimate parts for arousal or gratification (not breast-feeding or spouse).  [Stat. Ann. § 48.02(1)(c)-(f)] 

(E)     Manufacturing methamphetamine: (a) with a child physically present; (b) in his/her home, premises, or motor vehicle located there; and/or (c) a reasonable person would know the child might see, smell, or hear it  [Stat. Ann. § 961.41(1)(e)]

(F)     Untreated emotional damage means the child's parent, guardian or legal custodian neglected, refused or was unable to obtain needed treatment or take steps to treat symptoms UNLESS the inability is due to poverty.  [Stat. Ann. § 48.02(1)(gm)]

(1)     EMOTIONAL DAMAGE is harm to psychological or intellectual functions, for SEVERE: (a) anxiety; (b) depression; (c) withdrawal; (d) outward aggression; or (e) substantial, observable change in behavior, emotional response or cognition outside the norm for that age and stage of development.   [Stat. Ann. § 48.02(5j)]

Neglect means that a caregiver seriously endangers the child’s physical health by failure, refusal, or inability to provide necessary care, food, clothing, medical or dental care or shelter. But it is NOT neglect if the reason is poverty.  [Stat. Ann. § 48.02(12g)]