When parents enroll their children in daycare, school, sports programs, or other youth-serving organizations, they trust that the institution has taken all necessary steps to ensure safety. While background checks are an important tool for screening staff and volunteers, they are not enough to prevent abuse. 

At Lojewski Abuse & Injury Law, we see firsthand how institutions hide behind the claim that "we did a background check" after a child is harmed. The truth is, a background check only reveals known history — it does nothing to stop first-time offenders or prevent abuse from happening in the first place. 

Why Background Checks Alone Fail

Background checks can create a false sense of security. Here's why they can fall short:

• They only show past convictions. Many abusers have never been caught or prosecuted before harming a child in your care.
• Offenses may be unreported or sealed. Especially in cases involving minors, abuse is often underreported or resolved without a conviction.
• They can't detect behavioral red flags. A clean criminal record does not mean someone is safe to work with children. 

Institutions that stop at background checks may be failing to meet the standard of care expected under Wisconsin negligence law. 

What Parents Can Do to Help Keep Their Kids Safe

As a parent, you can't be with your child every moment they're in daycare, school, or a youth program — but you can ask the right questions and look for the right safeguards before enrolling them. Here's where to start:

1. Ask About Supervision Policies. Ask questions like "Are there ever situations where an adult is alone with a child?" Look for a "rule of two" policy, meaning two adults are always present when supervising children.
2. Request Written Safety Procedures. Ask for the institution's handbook or safety protocols. Review their policies on staff interaction, disciplinary procedures, and reporting suspected abuse.
3. Learn About Staff Training. Ensure that training is ongoing, not just a one-time orientation. Ask questions like "How are staff trained to recognize and respond to signs of abuse or neglect?"
4. Verify Reference and Hiring Practices. Strong institutions will do reference checks and verify work history. Ask the institution what steps they take to evaluate potential employees or volunteers, beyond background checks. 
5. Check for Transparent Reporting Channels. Look for multiple reporting options, including anonymous ones. Ask the question "If my child or I have a concern, who do we speak with and how will it be handled?"
6. Observe the Environment. Visit unannounced if possible. Look for open, visible spaces with minimal secluded areas. Watch for whether staff seem engaged, attentive, and respectful toward children. 
7. Ask How Complaints Are Documented and Addressed. A willingness to be transparent is a sign of accountability. Ask the institution if it keeps records of complaints and if it is willing to share the complaints with parents. 

What Does Accountability Look Like Under Wisconsin Law?

Under Wisconsin law, institutions that fail to implement reasonable safety measures may be held civilly liable if a child is harmed under a theory of negligence. This is especially true if the abuse occurred because of inadequate supervision; the institution ignored prior complaints or warning signs; or the abuser was given unsupervised access despite policy violations. In addition to Wisconsin state tort claims, some cases may involve federal civil rights claims, particularly when abuse occurs in public schools or other government-run facilities. 

Does Wisconsin Require Mandatory Reporting?

Wisconsin law does impose mandatory reporting obligations on certain professionals. Under Wisconsin Statute 48.981, there are more than 30 persons required to report if they have "reasonable cause to suspect that a child seen by the person in the course of professional duties has been abused or neglected" or who have "reason to believe that a child seen by the person in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur."

Among those listed include:

• School teacher
• School administrator
• School counselor
• School employee
• Child care provider
• Child care worker in a child care center, group home, or residential care center for children and youth

This list is not exhaustive and, Wisconsin law also includes certain exceptions to reporting requirements. Therefore, as parents, it is important to know who your child is spending time with and the institution's safeguards for your child. 

Pursuing a Civil Case After Institutional Abuse in Wisconsin

When a child is harmed because an institution failed to provide reasonable protection, Wisconsin law gives families the right to seek justice through the civil court system. Civil lawsuits aren't just about compensation — they are a powerful tool for uncovering what went wrong and holding wrongdoers accountable so the same harm doesn't happen to another child. 

There are several potential legal claims that may be pursued under Wisconsin law after institutional abuse occurs. One of the most common civil claims is negligence. Institutions owe a duty of reasonable care to protect children from foreseeable harm. Failing to implement adequate safety measures, supervision, or training can meet the standard for negligence depending on the facts of the particular claim. Under a theory of negligent hiring, supervision, or retention, if a school, daycare, church or youth program hires or keeps someone despite red flags, prior complaints, or policy violations, the institution may be liable for the harm that results.

Time Limits to File a Civil Case

In most circumstances, the time limit to file a civil negligence case in Wisconsin, also called the statute of limitations, is three (3) years from the date of injury/incident. This time limit may differ if the claim involves sexual abuse of a minor. But, because deadlines can vary based on the type of claim and facts, it is critical to speak with an experienced institutional abuse lawyer as soon as possible. 

Why Civil Cases Matter

A criminal case focuses solely on punishing the individual perpetrator, and, in many cases, criminal charges are not brought by either police or the District Attorney's Office. A civil case, however, broadens the lens — looking at the systemic failures that allowed the abuse to occur. Through the civil discovery process, we may be able to obtain:

• Internal policies and training records
• Incident reports and prior complaint files
• Employee personnel records
• Witness testimony under oath

This process not only helps build a strong claim for damages and maximum money justice recovery for the abused child, it also exposes dangerous practices and can force institutions to change. Ultimately, civil litigation is about more than money — it is about uncovering the truth, holding powerful entities accountable, and making sure our children's voices are heard in a system that too often tries to silence them. 

Protecting Children is More Than a Checkbox

A background check is the bare minimum — it is the starting line, not the finish line, in protecting children. Institutions that rely on it as their sole safeguard are leaving the door wide open for abuse. True child protection requires a culture of safety, one that values prevention over paperwork and action over appearances. Families deserve more than a checklist approach. They deserve to know that the programs and people entrusted with their children are proactive, transparent, and willing to take difficult but necessary steps to keep kids safe. 

When an institution fails in these duties and a child is harmed, it is not just a tragic event — it is a preventable breach of trust. At Lojewski Abuse & Injury Law, Firm Owner Kristen Lojewski focuses on protecting children and holding negligent institutions accountable. As both an attorney and a mom, she is committed to driving meaningful change in how schools, daycares, and youth programs operate while seeking justice and fair compensation for the children and families wronged by the very institutions we entrust. Protecting kids is a commitment that must be lived every day because children's safety is worth far more than a background check.