WISCONSIN
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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Professionals required to report
Citation: Ann. Stat. § 48.981
The following professionals are required to report:
• Physicians, coroners, medical examiners, nurses, dentists, chiropractors, optometrists, acupuncturists, other medical or
mental health professionals, physical therapists, physical therapist assistants, dietitians, occupational therapists, speechlanguage pathologists, audiologists, emergency medical technicians, or emergency medical services practitioners
• Schoolteachers, administrators, or counselors
• School employees not otherwise specified above
• Child care workers in child care centers, group homes, or residential care centers, or child care providers
• Alcohol or other drug abuse counselors, marriage and family therapists, professional 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
• Social workers, public assistance workers (including financial and employment planners), emergency medical responders, police or law enforcement officers, mediators, or court-appointed special advocates
• Members of the clergy or a religious order, including brothers, ministers, monks, nuns, priests, rabbis, or sisters
Other persons required to report
Citation: Ann. Stat. § 48.981
Any person not specified above, including an attorney, who has reason to suspect that a child has been abused or neglected or who has reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may report.
Institutional responsibility to report
Citation: Ann. Stat. § 48.981
No person making a report in good faith may be discharged from employment, disciplined, or otherwise discriminated against in regard to employment or threatened with any such treatment for so doing.
WHAT ARE THEY REQUIRED TO REPORT
Citation: Ann. Stat. § 48.981
A mandatory reporter is required to report when he or she has reasonable cause to suspect that a child seen by him or her in the course of professional duties has been abused or neglected or when he or she has reason to believe that a child seen by him or her in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur.
A health-care provider shall report if he or she has reason to suspect any of the following regarding a child in the provider’s care:
• That sexual intercourse or sexual contact occurred or is likely to occur with a caregiver
• That the child suffered or suffers from a mental illness or mental deficiency that rendered or renders the child temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions
• That the child, because of his or her age or immaturity, was or is incapable of understanding the nature or consequences of sexual intercourse or sexual contact
• That the child was unconscious at the time of the act or for any other reason was physically unable to communicate unwillingness to engage in sexual intercourse or sexual contact
• That another participant in the sexual contact or sexual intercourse was or is exploiting the child
• That the provider has any reasonable doubt as to the voluntariness of the child’s participation in the sexual contact or sexual intercourse
PENALTIES FOR FAILING TO REPORT
Failure to Report
Citation: Ann. Stat. § 48.981(6)
Whoever intentionally violates the reporting laws by failure to report as required may be fined no more than $1,000 or imprisoned for no more than 6 months, or both.
PENALTIES FOR FALSE REPORTING
This issue is not addressed in the statutes reviewed.
PRIVILEGED COMMUNICATIONS
A health-care provider shall report if he or she has reason to suspect any of the following regarding a child in the provider’s care:
• That sexual intercourse or sexual contact occurred or is likely to occur with a caregiver
• That the child suffered or suffers from a mental illness or mental deficiency that rendered or renders the child temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions
• That the child, because of his or her age or immaturity, was or is incapable of understanding the nature or consequences of sexual intercourse or sexual contact
• That the child was unconscious at the time of the act or for any other reason was physically unable to communicate unwillingness to engage in sexual intercourse or sexual contact
• That another participant in the sexual contact or sexual intercourse was or is exploiting the child
• That the provider has any reasonable doubt as to the voluntariness of the child’s participation in the sexual contact or sexual intercourse
REPORTER’S IDENTITY
Inclusion of Reporter’s Name in Report
The reporter is not specifically required by statute to provide his or her name in the report.
Disclosure of Reporter Identity
Citation: Ann. Stat. § 48.981
The identity of the reporter shall not be disclosed to the subject of the report.