Wisconsin Works Review for You

W-2 Review Tip of the Week

Issue: 06-14 Date: 06/19/06

Mandatory Reporter Requirements

Policy:

W-2 workers provide extensive assessment and case management services to families. This usually results in the worker gaining a lot of personal information about a participant and his/her family. Under most circumstances, information gathered about a participant and the family cannot be shared with any other person or agency without a signed release of information form by the participant. One exception can be release of limited information to a law enforcement official in special situations (see W2R 05-025 for details). The other major exception is when the FEP gains knowledge about child abuse or neglect or suspects it has occurred or will occur in the near future. Child maltreatment is divided into for types: physical neglect, physical abuse, sexual abuse, and emotional abuse.

According to Wisconsin State Statute 48.981:

Sub (2) Any of the following persons who has reasonable cause to suspect that a child seen by the person in the course of professional duties has been abused or neglected or who has reason to believe that a child seen by the person in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall report as provided in sub. (3) . . .

13. A public assistance worker, including a financial and employment planner (FEP).

Sub. (3): shall immediately inform, by telephone or personally, the county department (or licensed child welfare agency), or the sheriff or city, village, or town police department of the facts and circumstances contributing to a suspicion of child abuse or neglect or of an unborn child abuse or to a belief that abuse or neglect will occur.

All reports made under the mandatory reporting statute are confidential and the reporter’s identity cannot be disclosed. The receiving agency cannot maintain a record that would disclose any information that would identify the reporter. A reporter always retains the option to self-disclose to individuals that they made a report.

Any person or institution participating in good faith in making of a report shall have immunity from any liability (civil or criminal) that results by reason of the action [sub. (4)]. The confidentiality and immunity provisions were implemented to help protect the safety of the reporter.

Reporting is mandatory. Whoever intentionally fails to make a report of suspected or known child abuse or neglect may be fined up to $1,000 or imprisoned for up to six (6) months [sub (6)]. It is ALWAYS better to make a report than not. You do not need proof to make a report as long as you have a reasonable belief it has or could occur. Once a report is received, the Child Protective Services intake worker will initiate a claim investigation. A reporter’s responsibility ends once the report has been filed. The reporter usually receives information within 60 days as to what action, if any, was taken unless there is a court order prohibiting disclosure.

For detailed information about mandatory reporting and identifying signs of child abuse, check out the following website: www.preventchildabusewi.org