What the statutes mean

Any time you suspect that a child has been abused or neglected, you must make a report to the county agency responsible for the welfare of children.

If you have reason to suspect that the health or safety of a child or an unborn child is in immediate danger you may request an immediate investigation by the sheriff or police department.

While there are some instances in the statutes where certain health care providers are granted exemptions to the reporting requirements, chiropractors are not included in the exempted list. A chiropractor must report any suspected case of abuse or neglect.

If you are an employee of another doctor, or of a corporation, you may not be fired from your job for making this report. Any report made by a chiropractor will be held in confidence and will only be disclosed to law enforcement and adminstrative indiviudals authorized to have the information.

Statutory excerpts

48.981(2) Persons required to report
48.981(3) Referral of report
48.981(4) Immunity from liability

48.981(1)(d) “Neglect” means failure, refusal or inability on the part 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.

48.981(2) Persons required to report. A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental health professional, employment planner, as defined in s. 49.141 (1) (d), having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under sub. (2m), report as provided in sub. (3). No person making a report under this subsection may be discharged from employment for so doing.

48.981(3) (a) Referral of report. A person required to report under sub. (2) shall immediately inform, by telephone or personally, the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department or the sheriff or city, village or town police department of the facts and circumstances contributing to a suspicion of child abuse or neglect or of unborn child abuse or to a belief that abuse or neglect will occur. The sheriff or police department shall within 12 hours, exclusive of Saturdays, Sundays or legal holidays, refer to the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department all cases reported to it. The county department, department or licensed child welfare agency may require that a subsequent report be made in writing.

48.981(3)(b) 1. Any person reporting under this section may request an immediate investigation by the sheriff or police department if the person has reason to suspect that the health or safety of a child or of an unborn child is in immediate danger. Upon receiving such a request, the sheriff or police department shall immediately investigate to determine if there is reason to believe that the health or safety of the child or unborn child is in immediate danger and take any necessary action to protect the child or unborn child.

48.981(4)
(4) Immunity from liability. Any person or institution participating in good faith in the making of a report, conducting an investigation, ordering or taking of photographs or ordering or performing medical examinations of a child or of an expectant mother under this section shall have immunity from any liability, civil or criminal, that results by reason of the action. For the purpose of any proceeding, civil or criminal, the good faith of any person reporting under this section shall be presumed. The immunity provided under this subsection does not apply to liability for abusing or neglecting a child or for abusing an unborn child.