Mandatory Reporting Requirements
Mandatory Reporting Form
School personnel are mandated by law in the state of Wisconsin to report any suspected abuse or neglect or be subject to fines. Reports must be made to the county human services agency where the maltreated child resides. School personnel are not allowed to investigate these incidents prior to or during an investigation or to contact parents in some cases. The infomation below gives definiation of child maltreatment that is considered to be abuse or neglect that must be reported. Other information can be obtained regarding Child Welfare laws in Wisconsin at http://www.childwelfare.gov/systemwide/laws_policies/state/index.cfm?event=stateStatutes.processSearch.
Definitions of Child Abuse and NeglectTo better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws(PDF - 665 KB) publication.
Physical Abuse
Citation: Ann. Stat. § 48.02
Abuse means any of the following:
Neglect
Citation: Ann. Stat. § 48.981
Neglect means failure, refusal, or inability of a parent, guardian, legal custodian, or other person exercising temporary or permanent control over a child, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care, or shelter so as to seriously endanger the physical health of the child.
Sexual Abuse/Exploitation
Citation: Ann. Stat. § 48.02
The term abuse includes any of the following:
Emotional Abuse
Citation: Ann. Stat. § 48.02
The term abuse includes emotional damage for which the child's parent, guardian, or legal custodian has neglected, refused, or been unable for reasons other than poverty to obtain the necessary treatment or to take steps to ameliorate the symptoms.Emotional damage means harm to a child's psychological or intellectual functioning. Emotional damage shall be evidenced by one or more of the following characteristics exhibited to a severe degree: anxiety, depression, withdrawal, outward aggressive behavior, or a substantial and observable change in behavior, emotional response, or cognition that is not within the normal range for the child's age and stage of development.
Abandonment
This issue is not addressed in the statutes reviewed.
Standards for Reporting
Citation: Ann. Stat. § 48.981
A report is required when there is reasonable cause to suspect that a child has been abused or neglected.
Persons Responsible for the Child
Citation: Ann. Stat. § 48.981
Responsible persons include:
Exceptions
Citation: Ann. Stat. § 48.981
It is not considered neglect when the failure to provide a child with necessary care, food, clothing, shelter, medical, or dental care is due to poverty.
Mandatory Reporting Form
School personnel are mandated by law in the state of Wisconsin to report any suspected abuse or neglect or be subject to fines. Reports must be made to the county human services agency where the maltreated child resides. School personnel are not allowed to investigate these incidents prior to or during an investigation or to contact parents in some cases. The infomation below gives definiation of child maltreatment that is considered to be abuse or neglect that must be reported. Other information can be obtained regarding Child Welfare laws in Wisconsin at http://www.childwelfare.gov/systemwide/laws_policies/state/index.cfm?event=stateStatutes.processSearch.
Definitions of Child Abuse and NeglectTo better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws(PDF - 665 KB) publication.
Physical Abuse
Citation: Ann. Stat. § 48.02
Abuse means any of the following:
- Physical injury inflicted on a child by other than accidental means
- When used in referring to an unborn child, serious physical harm inflicted on the unborn child, and the risk of serious physical harm to the child when born, caused by a habitual lack of self-control of the expectant mother of the unborn child in the use of alcohol beverages, controlled substances, or controlled substance analogs, exhibited to a severe degree
- Manufacturing methamphetamine in violation of § 961.41(1)(e) under any of the following circumstances:
- With a child physically present during the manufacture
- In a child's home, on the premises of a child's home, or in a motor vehicle located on the premises of a child's home
- Under any circumstances in which a reasonable person should have known that the manufacture would be seen, smelled, or heard by a child
Neglect
Citation: Ann. Stat. § 48.981
Neglect means failure, refusal, or inability of a parent, guardian, legal custodian, or other person exercising temporary or permanent control over a child, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care, or shelter so as to seriously endanger the physical health of the child.
Sexual Abuse/Exploitation
Citation: Ann. Stat. § 48.02
The term abuse includes any of the following:
- Sexual intercourse or sexual contact
- Sexual exploitation of a child
- Permitting, allowing, or encouraging a child to engage in prostitution
- Causing a child to view or listen to sexual activity
- The exposure of one's genitals to a child
Emotional Abuse
Citation: Ann. Stat. § 48.02
The term abuse includes emotional damage for which the child's parent, guardian, or legal custodian has neglected, refused, or been unable for reasons other than poverty to obtain the necessary treatment or to take steps to ameliorate the symptoms.Emotional damage means harm to a child's psychological or intellectual functioning. Emotional damage shall be evidenced by one or more of the following characteristics exhibited to a severe degree: anxiety, depression, withdrawal, outward aggressive behavior, or a substantial and observable change in behavior, emotional response, or cognition that is not within the normal range for the child's age and stage of development.
Abandonment
This issue is not addressed in the statutes reviewed.
Standards for Reporting
Citation: Ann. Stat. § 48.981
A report is required when there is reasonable cause to suspect that a child has been abused or neglected.
Persons Responsible for the Child
Citation: Ann. Stat. § 48.981
Responsible persons include:
- The child's parent, guardian, or legal custodian
- Any other person exercising temporary or permanent control over a child
Exceptions
Citation: Ann. Stat. § 48.981
It is not considered neglect when the failure to provide a child with necessary care, food, clothing, shelter, medical, or dental care is due to poverty.