Microsoft Word - Protections for Reporter.docx

Wisconsin Child Welfare PDS Mandated Reporter Training

http://wcwpds.wisc.edu/mandatedreporter/

ProtectionsforReporter&PenaltiesforNotReporting

You might be wondering if you could experience any problems as a result of reporting

suspected maltreatment. Well, the law has anticipated these concerns. Let’s take a look

at some questions you might have.

WilltheallegedmaltreaterfindoutthatIreported?

Child Protective Services records are confidential. Information from those records may

only be disclosed to certain persons or agencies under specific circumstances. Even

when those records are disclosed to alleged maltreaters, parents, a child’s foster parent or

physical custodian, however, information that would identify the reporter must, by law,

be kept confidential. There is an exception: If the case you reported goes to court and

you have direct information important to the proceedings, you may be subpoenaed and

your identity may become known.

Reports made directly to law enforcement agencies may be treated confidentially to some

degree, but as a practical matter do not have the same guarantees of confidentiality.

However, it is still important to call the law enforcement agency if you believe the child

is in immediate danger.

TIP: It is not unusual for alleged maltreaters to guess who made the report. Some might

try to get you to confirm their suspicions. You might want to think ahead of time how you

would want to handle a situation like this.

Whatifmyemployerdoesnotwantmetoreport?CanIbefiredordisciplined

formakingareport?

Although generally organizations are supportive of their staff reporting as required, even

if the alleged maltreatment occurred within the reporter’s place of employment by

another employee, the law anticipates the possibility of attempts to dissuade a report.

Both the law and the Executive Order clearly state:

“No person making a report under this subsection 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.”

Wisconsin Child Welfare PDS Mandated Reporter Training

http://wcwpds.wisc.edu/mandatedreporter/

CanIbesuedforreporting,particularlyifCPSdeterminesthatabuseorneglect

didnotoccur?



Any person making a report in good faith has immunity from civil and criminal

liability. By law, the good faith of the reporter is presumed for any civil or

criminal proceeding that might result. Remember, you are not expected to know

for sure that abuse or neglect occurred or that the child is in danger before you

report. Your role is to identify and report children who you suspect of being

maltreated. Reporting in good faith means that you do exactly that.

Arethereconsequencesfornotreporting?

Yes, there can be. It depends on whether you are mandated to report under the state

statute (s. 48.981) or the Executive Order #54.

Persons required to report under s. 48.981 of the Wisconsin statutes

If you fail to report when you suspect child maltreatment, the law states that you may be

fined up to $1,000 or imprisoned for up to 6 months or both. It is also possible that your

professional license or certification could be affected.

Persons required to report under the Governor’s Executive Order #54

EO#54 does not contain any penalties. However, if you fail to report and the child is

subjected to additional harm, there could be a basis for a civil negligence action. Also,

failure to report a crime or to provide assistance where a crime is being committed and

the victim is exposed to bodily harm is a criminal misdemeanor. That would include

witnessing the occurrence of physical abuse, sexual abuse or neglect, which are all

crimes, and failing to report or provide help.