Wisconsin’s mandatory reporting statute (Wis. Stat. § 48.981) provides broad reporting obligations, both in terms of the circumstances that compel reporting and the professionals designated as mandatory reporters. Generally, if a person designated as a mandatory reporter has reasonable cause to suspect that a child seen in the course of the person’s professional duties has been abused, neglected, or has been threatened with abuse or neglect, the person has a legal obligation to immediately report the facts and circumstances contributing to the suspicion of child abuse or neglect. The report must be made in person or by phone to: (1) the county department, or, in a county with a population of 750,000 or more, the department of a licensed child welfare agency; or (2) the sheriff; or (3) the city, village, or town police department.
Under Wis. Stat. § 48.981(2)(a), the following professional classifications are designated mandatory reporters in school settings: (1) nurse, (2) social worker, (3) school teacher, (4) school administrator, (5) school counselor, and (6) all other school employees not otherwise specified herein. Therefore, all school district employees are mandatory reporters under Wis. Stat. § 48.981. Failing to report suspected child abuse or neglect in accordance with Wis. Stat. § 48.981 may result in a fine of no more than $1,000 or imprisonment of not more than six (6) months, or both.
To support the mandatory reporting obligations, school boards are required to provide training to all school district employees within six (6) months of being hired and at least every five (5) years thereafter. Wis. Stat. § 118.07(5). On June 13, 2025, DPI published an EdLeaders Dispatch update communicating two important notices regarding mandatory reporting requirements:
- That updated mandatory reporter training for all school employees has been developed and made available; and
- That DPI updated its position on mandatory reporting of certain consensual sexual activity between minors.
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Updated Mandatory Reporter Training: DPI released an updated version of the Mandated Reporting of Child Abuse and Neglect Training for All School Employees, which may be delivered to employees by way of a local in-service training or through online learning modules. The update also provides a new guide for school administrators (Administrator Implementation Guide) to support compliance with mandatory reporting training obligations.
Reporting Consensual Activity Between Minors: Child “abuse” is defined under Wis. Stat. § 48.02(1) to include physical injury inflicted upon a child, child trafficking and child exploitation, sexual contact with a child, manufacturing methamphetamine in the presence of a child, and other conduct harmful to a child. Under Wis. Stat. § 948.10, child abuse occurs if any person, for purposes of sexual arousal or gratification, causes a child to expose their genitals, or exposes their genitals to a child. Because Wis. Stat. § 948.10 does not distinguish between minors and adults in terms of the perpetrator, a plausible interpretation of this definition includes consensual sexual activity between two minors[1]. Over the last several years, the Wisconsin Department of Justice, Department of Public Instruction, and Department of Children and Families, disagreed over how this specific definition of “abuse” should be interpreted as it pertains to minor children engaging in consensual sexual activity. DPI’s previous definition, as it appeared in prior training materials, was that consensual sexual activity between children may not require mandatory reporting in some instances. Through discussion with the Departments, DPI has now changed course and adopted the following language in its training resources for consistent application of the statute:
“The mandatory reporting law does not require a report for voluntary sexual contact or intercourse between youth ages 15 through 18. That said, acts of exposing “genitals, pubic area, or intimate parts” to a child or causing them to expose themselves for the purpose of gratifying oneself or sexual humiliation does require a report, regardless of age or consent. So, if exposure of intimate parts occurs and a youth under age 18 is involved, then the activity must be reported as child sexual abuse (Wis. Stat. sec. 948.10.).”
Therefore, at least some consensual sexual activity between minors triggers the mandatory reporter’s obligation to report under Wis. Stat. § 48.981(3). This updated interpretation is incorporated within DPI’s updated training materials.
The definition does, however, leave some questions unanswered. For example, is the definition suggesting that consensual sexual activity between an 18-year-old and a 15-year-old is not subject to reporting, even though such activity constitutes a criminal act? Likewise, how is it possible for two persons to engage in sexual intercourse while not simultaneously exposing their genitals, public area, or intimate parts in the process? As a practical matter, the recommendation to school personnel remains to err on the side of caution given that this guidance does little to clarify the scope of the reporting obligation. Notably, mandatory reporters are protected from liability when reporting in good faith, whereas failing to report risks incurring legal penalties.
If you have any questions or require assistance regarding the interpretation of the new language or the training requirements, please contact your RLL attorney or the author.
[1] “Consensual” in this context refers to circumstances in which the minors involved in sexual activity have done so voluntarily and there is no evidence of forcible sexual contact. Note that legally no person under the age of 18 can consent to sexual activity.
