2009 Wisconsin Act 78 – Child Welfare Public Disclosure

2009 Wisconsin Act 78 (Act) was signed into law November 13, 2009, becoming effective February 1, 2010. The Act requires the Department of Children and Families, Division of Safety and Permanence (DSP) to notify the public in cases of child death, serious injury and egregious incidents due to maltreatment or suspected maltreatment and cases in which a child in out-of-home care (OHC) placement is suspected to have committed suicide.

County agencies and the Bureau of Milwaukee Child Welfare (BMCW) must report these incidents to the Department within 2 working days of the agency learning about the incident. DSP must then notify the public within the following 2 working days that an incident has occurred and is under review by the Department. Within 90 days, DSP must complete and transmit a summary report to the Governor and appropriate legislative committees, and make this report available to the public.

The Act further requires that DSP prepare and transmit to the Governor, appropriate legislative committees and make available to the public a quarterly summary report of all reports of children in OHC placement that are allegedly sexually abused. The DSP must include in the annual report whether the sexual abuse resulted in any child injury, disease or pregnancy.

Please note: At the time the public is notified about an incident (i.e., "Public Notification of a Child Death, Serious Injury or Egregious Incident"), maltreatment of a child is suspected, not confirmed. The initial notification only informs the public that the DSP has been notified about a qualifying incident under the Act. A determination of substantiated or unsubstantiated maltreatment will not be known for at least 60 days during which time the local child protective services agency conducts an assessment of the allegations and the family.

To obtain information about a child death, serious injury, egregious incident of abuse or neglect, case review summary or to view the OHC placement/sexual abuse quarterly reports, please use the following links.

• Public Notification of a Child Death, Serious Injury or Egregious Incident
  • 2010
  • 2011
  • 2012
• 90-day Summary Report for Child Death, Serious Injury or Egregious Incident
  • 2010
  • 2011
  • 2012
• Final Summary Report
• Quarterly Report: Alleged Sexual Abuse of Children in Out-of-Home Care Placement
• Annual Report: Sexual Abuse of Children in Out-of-Home Care Placement
• 2009 Wisconsin Act 78
• Public Disclosure Memos
• Receive Email Notification
• Contact Information