Wis. Admin. Code Department of Health Services DHS 88.11 - Reporting of abuse and neglect

(1) A licensee or service provider who knows or has reasonable cause to suspect that a resident has been abused or neglected as defined in s. 46.90 or 940.285, Stats., shall immediately contact the licensing agency. Providing notice under this subsection does not relieve the licensee or other person of the obligation to report an incident to law enforcement authorities. If the licensee has reason to believe that a crime has been committed, the incident shall immediately be reported to law enforcement authorities.

(2) The licensing agency shall immediately contact the resident's guardian, if any, placing agency, if any, service coordinator, if any, and designated representative, if any, regarding any occurrence or suspected occurrence under sub. (1).

(3) As soon as possible after being contacted under sub. (1) the licensing agency shall undertake an investigation of the reported abuse or neglect.

(4) If the licensing agency is a county agency and may have a conflict of interest, the licensing agency may enter into an agreement with another agency under s. 46.215, 46.22, 46.23, 51.42 or 51.437, Stats., to perform an independent investigation. The investigating county agency shall comply with the same confidentiality requirements as required of the licensing agency.

(5) After the investigating agency has completed its investigation, the investigating agency shall notify the parties identified in sub. (2) of its findings and shall, in addition, notify the following agencies if the report of abuse or neglect has been substantiated:

(a) The licensing agency, if different.

(b) Any agency that placed a current resident in the home.

(c) A county agency in the county where the adult family home is located if the licensing agency is the department.

Notes

Wis. Admin. Code Department of Health Services DHS 88.11

Cr. Register, January, 1996, No. 482, eff. 2-1-96.