Intro
Reporting Requirements
Types
Talking to
a Child
Making the
Report
Conclusion
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Protections for Reporter and 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.
You can download a printable copy of the questions shown below. (PDF)
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.
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."
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.
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: | Persons required to report under the Governor’s Executive Order #54: |
|---|---|
| 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. | 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 may be 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. |
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.