SB 500

Under current law, certain persons, such as physicians, teachers, social

workers, and child care workers, who have reasonable cause to suspect that a child

seen in the course of professional duties has been abused or neglected, or who have

reason to believe that a child seen in the course of professional duties has been

threatened with abuse or neglect and that abuse or neglect of the child will occur,

must report the facts and circumstances contributing to that suspicion or belief to the

county department of human services or social services (county department) or, in

Milwaukee County, the Department of Children and Families (DCF) or a licensed

child welfare agency under contract with DCF or to the sheriff or city, village, or town

police department (child abuse and neglect reporting law). A person who makes a

report under the child abuse and neglect reporting law may not be discharged from

employment for doing so and is immune from any liability, civil or criminal, that may

result by reason of making the report.

This bill requires an employee of DCF, a county department, an agency

contracted by DCF to certify day care providers for purposes of reimbursement under

the Wisconsin Works Program (contracted agency), or a school board whose job duties

include performing activities relating to the licensing of day care centers by DCF, the

certification of day care providers by a county department or contracted agency, or

the establishment of or contracting for day care programs by a school board

(employee) and who has reasonable cause to suspect that a caregiver or nonclient

resident of a day care center, day care provider, or day care program (caregiver or

nonclient resident) has abused or neglected a child who is in the care of the day care

center, day care provider, or day care program, or who has reason to believe that a

caregiver or nonclient resident has threatened such a child with abuse or neglect and

that abuse or neglect of the child will occur, to report the facts and circumstances

contributing to that suspicion or belief as required under the child abuse and neglect

reporting law.

The bill also requires an employee who reasonably suspects that a caregiver or

nonclient resident has engaged or is engaging in any drug-related offense to

immediately report the facts and circumstances contributing to that suspicion to the

employee's immediate supervisor, who must immediately evaluate the report to

determine whether there is reason to suspect that the offense has occurred or is

occurring. If the immediate supervisor determines that there is reason to suspect

that the offense has occurred or is occurring, the immediate supervisor must

immediately report the facts and circumstances contributing to that suspicion to the

sheriff.

The immediate supervisor must keep the identity of the reporting employee

confidential. The sheriff must keep the identity of the reporting employee and the

immediate supervisor confidential until the sheriff determines that the report merits

further investigation. If the sheriff conducts a full investigation, the sheriff must