Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB108 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-0616/1
3	3	KMS:cjs
4	4	2025 SENATE BILL 108
5	5	March 7, 2025 - Introduced by JOINT LEGISLATIVE COUNCIL. Referred to Committee
6	6	on Mental Health, Substance Abuse Prevention, Children and Families.
7	7	AN ACT to create 20.435 (5) (bx) and 46.537 of the statutes; relating to:
8	8	sharing minors[ safety plans.
9	9	Analysis by the Legislative Reference Bureau
10	10	This bill is explained in the NOTES provided by the Joint Legislative Council in
11	11	the bill.
12	12	For further information see the state fiscal estimate, which will be printed as
13	13	an appendix to this bill.
14	14	The people of the state of Wisconsin, represented in senate and assembly, do
15	15	enact as follows:
16	16	JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the
17	17	Joint Legislative Council Study Committee on Emergency Detention and Civil
18	18	Commitment of Minors.
19	19	The bill requires the Department of Health Services (DHS) to develop and
20	20	maintain a portal that is available throughout the state to facilitate sharing of safety
21	21	plans for a minor in crisis among safety plan partners. The bill defines a safety plan as
22	22	an individual[s written document, created in advance of a crisis, that provides guidance
23	23	on how to help the individual when the individual experiences a behavioral or
24	24	developmental health challenge or crisis.
25	25	Safety Plan Contents and Requirements
26	26	A minor who is at risk of an encounter with law enforcement or other emergency
27	27	service providers during a behavioral or developmental health challenge or crisis may
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30	30	SENATE BILL 108
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33	33	create a safety plan with the assistance of a facilitator. The bill directs DHS to develop
34	34	a standard safety plan template, and specifies that a minor[s safety plan may include
35	35	any of the following information: the minor[s name and address or addresses; what it
36	36	looks like when the minor feels unsafe or needs assistance; de-escalation strategies that
37	37	work for the minor; contact information for the minor[s parent or guardian, health care
38	38	providers, and individuals who can provide emotional support to the minor in times of
39	39	crisis; what the minor would like law enforcement officers or emergency responders to
40	40	know; and other information that is important to the minor.
41	41	The bill specifies that a safety plan expires one year after the date the safety plan
42	42	is signed.
43	43	Release of Information
44	44	The bill allows a minor[s safety plan to be shared with a safety plan partner only
45	45	if the minor has signed a release of information stating that the minor agrees and
46	46	understands that the safety plan will be used only to ensure the safety and well-being of
47	47	the minor, may be revoked at any time other than during a crisis, will be shared in the
48	48	portal and may be accessed by all safety plan partners and other networks in the portal,
49	49	and that the release of information will be attached to the minor[s safety plan. The
50	50	release of information must identify all current safety plan partners and include the
51	51	minor[s acknowledgment that additional safety plan partners may join the network and
52	52	access the minor[s safety plan. A facilitator must ensure that the minor understands
53	53	the release of information.
54	54	The bill specifies that a safety plan partner may access a safety plan only to
55	55	ensure the safety and well-being of the minor during a crisis, to review or update a
56	56	safety plan, or at the minor[s request. A safety plan partner must maintain
57	57	confidentiality of a safety plan and may disclose a safety plan to a person who is not a
58	58	safety plan partner in the network only if the person is the minor[s parent, guardian,
59	59	legal custodian, Indian custodian, legal representative, another safety plan network
60	60	during a crisis, or a bona fide researcher using de-identified information.
61	61	Safety Plan Network
62	62	The bill authorizes two or more persons or entities to form a network with each
63	63	other for the purpose of sharing safety plans for minors at risk of an encounter with law
64	64	enforcement or other emergency service providers during a behavioral or
65	65	developmental health challenge or crisis. The bill provides the following examples of
66	66	persons or entities that may choose to form a safety plan network: systems of care
67	67	through public or private entities that provide specialized services for children or that
68	68	provide child welfare, juvenile justice, educational, or other identified services for
69	69	children; a physical or mental health care provider; a county department of human
70	70	services; a county department of social services; a school; a school district; a law
71	71	enforcement agency; a fire department; an emergency medical services provider; a
72	72	tribal agency; child welfare services in Milwaukee County; 911 dispatchers; and the 988
73	73	suicide and crisis lifeline.
74	74	When a network is formed, the safety plan partners must enter into a formalized
75	75	agreement that addresses the expectations for the safety plan partners, such as the
76	76	safety plan partners[ obligations, training requirements, and roles in the network.
77	77	Safety Plan Sharing Portal
78	78	As noted above, the bill requires DHS to develop and maintain a portal that is
79	79	available throughout the state to facilitate sharing of safety plans among safety plan
80	80	partners. Alternatively, DHS may make payments to the nonprofit corporation that
81	81	supports the state[s electronic health information exchange to develop and maintain the
82	82	portal. The bill authorizes a full-time staff position and includes a placeholder to add
83	83	funding in DHS[s schedule under the biennial state budget to develop and maintain the
84	84	portal.
85	85	The portal must have certain functionalities, including the ability to fill out a
86	86	safety plan online, notifications to a minor and facilitator when a plan is about to 2025 - 2026 Legislature
87	87	SENATE BILL 108
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90	90	SECTION 1
91	91	expire, a standard safety plan template, simplified views that allow law enforcement
92	92	officers to have quick access to safety plan information, capacity and integration
93	93	capabilities, a common data security standard, and safety plan audit data and use
94	94	logging with reporting capabilities.
95	95	SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place,
96	96	insert the following amounts for the purposes indicated:
97	97	2025-26 2026-27
98	98	20.435 Health services, department of
99	99	(5) MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES
100	100	(bx) Minors[ safety plan sharing portalGPR A -0- -0-
101	101	SECTION 2. 20.435 (5) (bx) of the statutes is created to read:
102	102	20.435 (5) (bx) Minors[ safety plan sharing portal. The amounts in the
103	103	schedule to develop and maintain the portal under s. 46.537 (5).
104	104	SECTION 3. 46.537 of the statutes is created to read:
105	105	46.537 Sharing minors[ safety plans. (1) DEFINITIONS. In this section:
106	106	(a) XFacilitatorY means an individual who assists in the creation of a safety
107	107	plan.
108	108	(b) XSafety planY means an individual[s written document, created in advance
109	109	of a crisis, that provides guidance on how to help the individual when the individual
110	110	experiences a behavioral or developmental health challenge or crisis.
111	111	(c) XSafety plan partnerY means a person who is part of a network formed
112	112	under sub. (4) (a).
113	113	(2) SAFETY PLAN CONTENTS AND REQUIREMENTS . (a) A minor who is at risk of
114	114	an encounter with law enforcement or other emergency service providers during a
115	115	behavioral or developmental health challenge or crisis may create a safety plan,
116	116	with a facilitator, that includes any of the following information about the minor:
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142	142	SECTION 3
143	143	1. The minor[s name.
144	144	2. The minor[s address or addresses.
145	145	3. What it looks like when the minor feels unsafe or needs assistance.
146	146	4. De-escalation strategies that work for the minor.
147	147	5. Contact information for the minor[s parent or guardian.
148	148	6. Contact information for the minor[s health care providers, as defined under
149	149	s. 146.81 (1) (a) to (hp).
150	150	7. Contact information for individuals who can provide emotional support to
151	151	the minor in times of crisis.
152	152	8. What the minor would like law enforcement officers or emergency medical
153	153	responders to know.
154	154	9. Other information that is important to the minor.
155	155	(b) A minor and a facilitator who create a safety plan under par. (a) shall sign
156	156	the safety plan.
157	157	(c) A safety plan created under par. (a) expires one year after the date the
158	158	safety plan is signed.
159	159	(3) SAFETY PLAN SHARING; RELEASE OF INFORMATION. (a) A minor[s safety
160	160	plan may be shared with a safety plan partner through the portal under sub. (5)
161	161	only if the minor has signed a release of information stating that the minor agrees
162	162	and understands all of the following:
163	163	1. The safety plan will be used only to ensure the safety and well-being of the
164	164	minor by the safety plan partners.
165	165	2. The safety plan may be revoked at any time other than during a crisis.
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192	192	SECTION 3
193	193	3. The safety plan will be shared in the portal under sub. (5) and may be
194	194	accessed by all safety plan partners.
195	195	4. Additional safety plan partners may join the network under sub. (4) (a) and
196	196	the safety plan may be shared with those additional safety plan partners.
197	197	5. During a crisis, the safety plan may be accessed by a different network
198	198	formed under sub. (4) (a) that uses the portal under sub. (5).
199	199	6. The release of information will be attached to the minor[s safety plan until
200	200	the safety plan expires or is revoked.
201	201	(b) A facilitator shall ensure the minor understands the release of information
202	202	under. par. (a).
203	203	(c) A release of information under par. (a) shall identify all current safety plan
204	204	partners at the time the release of information is signed by the minor.
205	205	(d) A release of information signed by a minor under par. (a) shall be attached
206	206	to the minor[s safety plan until the safety plan expires or is revoked.
207	207	(e) A safety plan partner may access a safety plan only to ensure the safety
208	208	and well-being of the minor during a crisis, to review or update a safety plan, or at
209	209	the minor[s request.
210	210	(f) A safety plan partner shall maintain confidentiality of a safety plan and
211	211	may disclose a safety plan to a person who is not in the safety plan partner[s
212	212	network under sub. (4) (a) only if the person is one of the following:
213	213	1. The minor[s parent, guardian, legal custodian, Indian custodian, as defined
214	214	in s. 48.02 (8p), or legal representative.
215	215	2. During a crisis, another safety plan network formed under sub. (4) (a) that
216	216	uses the portal under sub. (5).
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244	244	SECTION 3
245	245	3. A bona fide researcher using de-identified information.
246	246	(4) SAFETY PLAN NETWORK. (a) Two or more persons, including any of the
247	247	following, may form a network for the purpose of sharing safety plans of minors who
248	248	are at risk of an encounter with law enforcement or other emergency service
249	249	providers during a behavioral or developmental health challenge or crisis:
250	250	1. A system of care, as defined in s. 46.56 (1) (or).
251	251	2. A physical or mental health care provider.
252	252	3. A county department of human services.
253	253	4. A county department of social services.
254	254	5. A school.
255	255	6. A school district.
256	256	7. A law enforcement agency, as defined in s. 165.77 (1) (b).
257	257	8. A fire department, as defined in s. 66.0314 (1) (c).
258	258	9. An emergency medical services provider, as defined in s. 256.215 (1) (d).
259	259	10. A tribal agency.
260	260	11. The division of the department of children and families that is responsible
261	261	for administering child welfare services in Milwaukee County.
262	262	12. A public safety answering point, as defined in s. 256.35 (1) (gm).
263	263	13. A center designated to respond to statewide or regional contacts with the
264	264	universal telephone number for the national suicide prevention and mental health
265	265	crisis hotline system maintained under 42 USC 290bb-36c.
266	266	(b) When a network is formed under par. (a), the safety plan partners shall
267	267	enter into a formalized agreement that addresses the expectations for the safety
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294	294	SECTION 3
295	295	plan partners, such as the safety plan partners[ obligations, training requirements,
296	296	and roles in the network.
297	297	(5) SAFETY PLAN SHARING PORTAL. The department shall develop and
298	298	maintain, or make payments to a nonprofit corporation that supports the state[s
299	299	electronic health information exchange under ss. 153.80 to 153.82 to develop and
300	300	maintain, a portal that is available throughout the state to facilitate sharing of
301	301	safety plans among safety plan partners. The portal developed under this
302	302	subsection shall include all of the following:
303	303	(a) The ability to fill out a safety plan online and download the safety plan for
304	304	the purpose of obtaining a handwritten or electronic signature on the safety plan.
305	305	(b) The standard safety plan template developed by the department under
306	306	sub. (6).
307	307	(c) Simplified views for law enforcement officers for quick access to safety plan
308	308	information.
309	309	(d) The capacity to support several thousand users in the system with role-
310	310	based access for roles such as facilitators, law enforcement officers, and 911
311	311	dispatchers.
312	312	(e) The potential for future integrations or single sign-on with other systems,
313	313	including electronic health records systems and 911 dispatch systems.
314	314	(f) Scalable storage capacity to support unlimited numbers of safety plans as
315	315	discrete data and as printable documents.
316	316	(g) Cloud-hosted, technical infrastructure certified by the Underlying Health
317	317	Information Trust Alliance, or its successor, and technical audit-logging
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344	344	SECTION 3
345	345	capabilities that meet the requirements of the federal Health Insurance Portability
346	346	and Accountability Act of 1996.
347	347	(h) Flexibility to allow a network formed under sub. (4) (a) to share a safety
348	348	plan with another network formed under sub. (4) (a) or keep access to the safety
349	349	plan restricted to within that network.
350	350	(i) Notifications to a minor and facilitator when the minor[s safety plan is
351	351	about to expire, if a safety plan is accessed, and any other activity that occurs
352	352	related to a safety plan.
353	353	(j) Safety plan audit data and use logging with reporting capabilities.
354	354	(6) STANDARD SAFETY PLAN TEMPLATE. The department shall develop a
355	355	standard safety plan template to be used under this section.
356	356	SECTION 4. Nonstatutory provisions.
357	357	(1) The authorized FTE positions for the department of health services are
358	358	increased by 1.0 GPR position, to be funded from the appropriation under s. 20.435
359	359	(5) (bx), for the purpose of developing and maintaining the portal under s. 46.537
360	360	(5).
361	361	SECTION 5. Effective date.
362	362	(1) This act takes effect on the day after publication, or on the 2nd day after
363	363	publication of the 2025 biennial budget act, whichever is later.
364	364	(END)
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