Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB113 Compare Versions

Only one version of the bill is available at this time.

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-2327/1
3	3	KMS:cjs
4	4	2025 ASSEMBLY BILL 113
5	5	March 11, 2025 - Introduced by JOINT LEGISLATIVE COUNCIL. Referred to
6	6	Committee on Mental Health and Substance Abuse Prevention.
7	7
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to create 20.435 (5) (bx) and 46.537 of the statutes; relating to:
10	10	sharing minors[ safety plans.
11	11	Analysis by the Legislative Reference Bureau
12	12	This bill is explained in the NOTES provided by the Joint Legislative Council in
13	13	the bill.
14	14	For further information see the state fiscal estimate, which will be printed as
15	15	an appendix to this bill.
16	16	The people of the state of Wisconsin, represented in senate and assembly, do
17	17	enact as follows:
18	18	JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the
19	19	Joint Legislative Council Study Committee on Emergency Detention and Civil
20	20	Commitment of Minors.
21	21	The bill requires the Department of Health Services (DHS) to develop and
22	22	maintain a portal that is available throughout the state to facilitate sharing of safety
23	23	plans for a minor in crisis among safety plan partners. The bill defines a safety plan as
24	24	an individual[s written document, created in advance of a crisis, that provides guidance
25	25	on how to help the individual when the individual experiences a behavioral or
26	26	developmental health challenge or crisis.
27	27	Safety Plan Contents and Requirements
28	28	A minor who is at risk of an encounter with law enforcement or other emergency
29	29	service providers during a behavioral or developmental health challenge or crisis may
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35	35	create a safety plan with the assistance of a facilitator. The bill directs DHS to develop
36	36	a standard safety plan template, and specifies that a minor[s safety plan may include
37	37	any of the following information: the minor[s name and address or addresses; what it
38	38	looks like when the minor feels unsafe or needs assistance; de-escalation strategies that
39	39	work for the minor; contact information for the minor[s parent or guardian, health care
40	40	providers, and individuals who can provide emotional support to the minor in times of
41	41	crisis; what the minor would like law enforcement officers or emergency responders to
42	42	know; and other information that is important to the minor.
43	43	The bill specifies that a safety plan expires one year after the date the safety plan
44	44	is signed.
45	45	Release of Information
46	46	The bill allows a minor[s safety plan to be shared with a safety plan partner only
47	47	if the minor has signed a release of information stating that the minor agrees and
48	48	understands that the safety plan will be used only to ensure the safety and well-being of
49	49	the minor, may be revoked at any time other than during a crisis, will be shared in the
50	50	portal and may be accessed by all safety plan partners and other networks in the portal,
51	51	and that the release of information will be attached to the minor[s safety plan. The
52	52	release of information must identify all current safety plan partners and include the
53	53	minor[s acknowledgment that additional safety plan partners may join the network and
54	54	access the minor[s safety plan. A facilitator must ensure that the minor understands
55	55	the release of information.
56	56	The bill specifies that a safety plan partner may access a safety plan only to
57	57	ensure the safety and well-being of the minor during a crisis, to review or update a
58	58	safety plan, or at the minor[s request. A safety plan partner must maintain
59	59	confidentiality of a safety plan and may disclose a safety plan to a person who is not a
60	60	safety plan partner in the network only if the person is the minor[s parent, guardian,
61	61	legal custodian, Indian custodian, legal representative, another safety plan network
62	62	during a crisis, or a bona fide researcher using de-identified information.
63	63	Safety Plan Network
64	64	The bill authorizes two or more persons or entities to form a network with each
65	65	other for the purpose of sharing safety plans for minors at risk of an encounter with law
66	66	enforcement or other emergency service providers during a behavioral or
67	67	developmental health challenge or crisis. The bill provides the following examples of
68	68	persons or entities that may choose to form a safety plan network: systems of care
69	69	through public or private entities that provide specialized services for children or that
70	70	provide child welfare, juvenile justice, educational, or other identified services for
71	71	children; a physical or mental health care provider; a county department of human
72	72	services; a county department of social services; a school; a school district; a law
73	73	enforcement agency; a fire department; an emergency medical services provider; a
74	74	tribal agency; child welfare services in Milwaukee County; 911 dispatchers; and the 988
75	75	suicide and crisis lifeline.
76	76	When a network is formed, the safety plan partners must enter into a formalized
77	77	agreement that addresses the expectations for the safety plan partners, such as the
78	78	safety plan partners[ obligations, training requirements, and roles in the network.
79	79	Safety Plan Sharing Portal
80	80	As noted above, the bill requires DHS to develop and maintain a portal that is
81	81	available throughout the state to facilitate sharing of safety plans among safety plan
82	82	partners. Alternatively, DHS may make payments to the nonprofit corporation that
83	83	supports the state[s electronic health information exchange to develop and maintain the
84	84	portal. The bill authorizes a full-time staff position and includes a placeholder to add
85	85	funding in DHS[s schedule under the biennial state budget to develop and maintain the
86	86	portal.
87	87	The portal must have certain functionalities, including the ability to fill out a
88	88	safety plan online, notifications to a minor and facilitator when a plan is about to 2025 - 2026 Legislature
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92	92	SECTION 1
93	93	expire, a standard safety plan template, simplified views that allow law enforcement
94	94	officers to have quick access to safety plan information, capacity and integration
95	95	capabilities, a common data security standard, and safety plan audit data and use
96	96	logging with reporting capabilities.
97	97	SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place,
98	98	insert the following amounts for the purposes indicated:
99	99	2025-26 2026-27
100	100	20.435 Health services, department of
101	101	(5) MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES
102	102	(bx) Minors[ safety plan sharing portalGPR A -0- -0-
103	103	SECTION 2. 20.435 (5) (bx) of the statutes is created to read:
104	104	20.435 (5) (bx) Minors[ safety plan sharing portal. The amounts in the
105	105	schedule to develop and maintain the portal under s. 46.537 (5).
106	106	SECTION 3. 46.537 of the statutes is created to read:
107	107	46.537 Sharing minors[ safety plans. (1) DEFINITIONS. In this section:
108	108	(a) XFacilitatorY means an individual who assists in the creation of a safety
109	109	plan.
110	110	(b) XSafety planY means an individual[s written document, created in advance
111	111	of a crisis, that provides guidance on how to help the individual when the individual
112	112	experiences a behavioral or developmental health challenge or crisis.
113	113	(c) XSafety plan partnerY means a person who is part of a network formed
114	114	under sub. (4) (a).
115	115	(2) SAFETY PLAN CONTENTS AND REQUIREMENTS . (a) A minor who is at risk of
116	116	an encounter with law enforcement or other emergency service providers during a
117	117	behavioral or developmental health challenge or crisis may create a safety plan,
118	118	with a facilitator, that includes any of the following information about the minor:
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144	144	SECTION 3
145	145	1. The minor[s name.
146	146	2. The minor[s address or addresses.
147	147	3. What it looks like when the minor feels unsafe or needs assistance.
148	148	4. De-escalation strategies that work for the minor.
149	149	5. Contact information for the minor[s parent or guardian.
150	150	6. Contact information for the minor[s health care providers, as defined under
151	151	s. 146.81 (1) (a) to (hp).
152	152	7. Contact information for individuals who can provide emotional support to
153	153	the minor in times of crisis.
154	154	8. What the minor would like law enforcement officers or emergency medical
155	155	responders to know.
156	156	9. Other information that is important to the minor.
157	157	(b) A minor and a facilitator who create a safety plan under par. (a) shall sign
158	158	the safety plan.
159	159	(c) A safety plan created under par. (a) expires one year after the date the
160	160	safety plan is signed.
161	161	(3) SAFETY PLAN SHARING; RELEASE OF INFORMATION. (a) A minor[s safety
162	162	plan may be shared with a safety plan partner through the portal under sub. (5)
163	163	only if the minor has signed a release of information stating that the minor agrees
164	164	and understands all of the following:
165	165	1. The safety plan will be used only to ensure the safety and well-being of the
166	166	minor by the safety plan partners.
167	167	2. The safety plan may be revoked at any time other than during a crisis.
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194	194	SECTION 3
195	195	3. The safety plan will be shared in the portal under sub. (5) and may be
196	196	accessed by all safety plan partners.
197	197	4. Additional safety plan partners may join the network under sub. (4) (a) and
198	198	the safety plan may be shared with those additional safety plan partners.
199	199	5. During a crisis, the safety plan may be accessed by a different network
200	200	formed under sub. (4) (a) that uses the portal under sub. (5).
201	201	6. The release of information will be attached to the minor[s safety plan until
202	202	the safety plan expires or is revoked.
203	203	(b) A facilitator shall ensure the minor understands the release of information
204	204	under. par. (a).
205	205	(c) A release of information under par. (a) shall identify all current safety plan
206	206	partners at the time the release of information is signed by the minor.
207	207	(d) A release of information signed by a minor under par. (a) shall be attached
208	208	to the minor[s safety plan until the safety plan expires or is revoked.
209	209	(e) A safety plan partner may access a safety plan only to ensure the safety
210	210	and well-being of the minor during a crisis, to review or update a safety plan, or at
211	211	the minor[s request.
212	212	(f) A safety plan partner shall maintain confidentiality of a safety plan and
213	213	may disclose a safety plan to a person who is not in the safety plan partner[s
214	214	network under sub. (4) (a) only if the person is one of the following:
215	215	1. The minor[s parent, guardian, legal custodian, Indian custodian, as defined
216	216	in s. 48.02 (8p), or legal representative.
217	217	2. During a crisis, another safety plan network formed under sub. (4) (a) that
218	218	uses the portal under sub. (5).
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246	246	SECTION 3
247	247	3. A bona fide researcher using de-identified information.
248	248	(4) SAFETY PLAN NETWORK. (a) Two or more persons, including any of the
249	249	following, may form a network for the purpose of sharing safety plans of minors who
250	250	are at risk of an encounter with law enforcement or other emergency service
251	251	providers during a behavioral or developmental health challenge or crisis:
252	252	1. A system of care, as defined in s. 46.56 (1) (or).
253	253	2. A physical or mental health care provider.
254	254	3. A county department of human services.
255	255	4. A county department of social services.
256	256	5. A school.
257	257	6. A school district.
258	258	7. A law enforcement agency, as defined in s. 165.77 (1) (b).
259	259	8. A fire department, as defined in s. 66.0314 (1) (c).
260	260	9. An emergency medical services provider, as defined in s. 256.215 (1) (d).
261	261	10. A tribal agency.
262	262	11. The division of the department of children and families that is responsible
263	263	for administering child welfare services in Milwaukee County.
264	264	12. A public safety answering point, as defined in s. 256.35 (1) (gm).
265	265	13. A center designated to respond to statewide or regional contacts with the
266	266	universal telephone number for the national suicide prevention and mental health
267	267	crisis hotline system maintained under 42 USC 290bb-36c.
268	268	(b) When a network is formed under par. (a), the safety plan partners shall
269	269	enter into a formalized agreement that addresses the expectations for the safety
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297	297	plan partners, such as the safety plan partners[ obligations, training requirements,
298	298	and roles in the network.
299	299	(5) SAFETY PLAN SHARING PORTAL. The department shall develop and
300	300	maintain, or make payments to a nonprofit corporation that supports the state[s
301	301	electronic health information exchange under ss. 153.80 to 153.82 to develop and
302	302	maintain, a portal that is available throughout the state to facilitate sharing of
303	303	safety plans among safety plan partners. The portal developed under this
304	304	subsection shall include all of the following:
305	305	(a) The ability to fill out a safety plan online and download the safety plan for
306	306	the purpose of obtaining a handwritten or electronic signature on the safety plan.
307	307	(b) The standard safety plan template developed by the department under
308	308	sub. (6).
309	309	(c) Simplified views for law enforcement officers for quick access to safety plan
310	310	information.
311	311	(d) The capacity to support several thousand users in the system with role-
312	312	based access for roles such as facilitators, law enforcement officers, and 911
313	313	dispatchers.
314	314	(e) The potential for future integrations or single sign-on with other systems,
315	315	including electronic health records systems and 911 dispatch systems.
316	316	(f) Scalable storage capacity to support unlimited numbers of safety plans as
317	317	discrete data and as printable documents.
318	318	(g) Cloud-hosted, technical infrastructure certified by the Underlying Health
319	319	Information Trust Alliance, or its successor, and technical audit-logging
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346	346	SECTION 3
347	347	capabilities that meet the requirements of the federal Health Insurance Portability
348	348	and Accountability Act of 1996.
349	349	(h) Flexibility to allow a network formed under sub. (4) (a) to share a safety
350	350	plan with another network formed under sub. (4) (a) or keep access to the safety
351	351	plan restricted to within that network.
352	352	(i) Notifications to a minor and facilitator when the minor[s safety plan is
353	353	about to expire, if a safety plan is accessed, and any other activity that occurs
354	354	related to a safety plan.
355	355	(j) Safety plan audit data and use logging with reporting capabilities.
356	356	(6) STANDARD SAFETY PLAN TEMPLATE. The department shall develop a
357	357	standard safety plan template to be used under this section.
358	358	SECTION 4. Nonstatutory provisions.
359	359	(1) The authorized FTE positions for the department of health services are
360	360	increased by 1.0 GPR position, to be funded from the appropriation under s. 20.435
361	361	(5) (bx), for the purpose of developing and maintaining the portal under s. 46.537
362	362	(5).
363	363	SECTION 5. Effective date.
364	364	(1) This act takes effect on the day after publication, or on the 2nd day after
365	365	publication of the 2025 biennial budget act, whichever is later.
366	366	(END)
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