Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB83 Compare Versions

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

Old	New	Differences
1	1	LRB-2134/1
2	2	EAW:klm
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 83
5	5	March 8, 2023 - Introduced by Representatives MURPHY, BEHNKE, BRANDTJEN,
6	6	BROOKS, MURSAU, ROZAR and WICHGERS, cosponsored by Senators JACQUE,
7	7	BALLWEG and TOMCZYK. Referred to Committee on Children and Families.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to amend 48.78 (2) (a) and 938.78 (2) (a); and to create 48.38 (5) (dm),
10	10	48.38 (5m) (dm), 938.38 (5) (dm) and 938.38 (5m) (dm) of the statutes; relating
11	11	to: providing permanency plan and comments to out-of-home care providers
12	12	in advance of a permanency plan review or hearing.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, when a child is the subject of a child or juvenile in need of
15	15	protection or services (CHIPS or JIPS) proceeding, the county social or human
16	16	services department, a child welfare agency, or the Department of Children and
17	17	Families in Milwaukee County is required to prepare a permanency plan for the
18	18	child. The permanency plan is reviewed every six months either by a review panel
19	19	or at a court hearing. Before the review or hearing, the agency is required to provide
20	20	a copy of the plan, and any written comments that the agency receives about the plan,
21	21	to the following people: the members of the review panel; the child's parent,
22	22	guardian, or legal custodian; the person representing the interests of the public; the
23	23	child's counsel, guardian ad litem, or court-appointed special advocate; and, if the
24	24	child is an Indian child who is placed outside the home of his or her parent or Indian
25	25	custodian, the child's Indian custodian and tribe.
26	26	This bill allows an agency to provide a copy of a child's permanency plan and
27	27	comments on the plan to a child's out-of-home care provider in the context of a
28	28	permanency review and a permanency hearing. An out-of-home care provider
29	29	includes a foster parent, guardian, relative other than a parent, or nonrelative in
30	30	whose home a child or juvenile is placed, or the operator of a group home, residential
31	31	1
32	32	2
33	33	3
34	34	4 - 2 -2023 - 2024 Legislature LRB-2134/1
35	35	EAW:klm
36	36	ASSEMBLY BILL 83
37	37	care center for children and youth, or shelter care facility in which a child or juvenile
38	38	is placed.
39	39	Under this bill, any information that is required to remain confidential under
40	40	federal or state law must be redacted from the permanency plan before it is provided
41	41	to the out-of-home care provider.
42	42	For further information see the state and local fiscal estimate, which will be
43	43	printed as an appendix to this bill.
44	44	The people of the state of Wisconsin, represented in senate and assembly, do
45	45	enact as follows:
46	46	SECTION 1. 48.38 (5) (dm) of the statutes is created to read:
47	47	48.38 (5) (dm) The agency that prepared the permanency plan may provide a
48	48	copy of the permanency plan and any written comments submitted under par. (bm)
49	49	1. to the out-of-home care provider of the child. A permanency plan provided to an
50	50	out-of-home care provider of the child under this paragraph shall be redacted to
51	51	protect information that is required to remain confidential, including confidentiality
52	52	under s. 48.396 (1) and (2), 48.57 (3p) (i), 48.685 (2) (c) 1., 48.686 (4s) (m), 48.981 (7),
53	53	49.83, 51.30 (4), 118.125 (2), 146.82 (1), or 938.396 (1) and (2), or that is required to
54	54	remain confidential under federal law.
55	55	SECTION 2. 48.38 (5m) (dm) of the statutes is created to read:
56	56	48.38 (5m) (dm) The agency that prepared the permanency plan may provide
57	57	a copy of the permanency plan and any written comments submitted under par. (c)
58	58	1. to the out-of-home care provider of the child. A permanency plan provided to an
59	59	out-of-home care provider of the child under this paragraph shall be redacted to
60	60	protect information that is required to remain confidential, including confidentiality
61	61	under s. 48.396 (1) and (2), 48.57 (3p) (i), 48.685 (2) (c) 1., 48.686 (4s) (m), 48.981 (7),
62	62	49.83, 51.30 (4), 118.125 (2), 146.82 (1), or 938.396 (1) and (2), or that is required to
63	63	remain confidential under federal law.
64	64	1
65	65	2
66	66	3
67	67	4
68	68	5
69	69	6
70	70	7
71	71	8
72	72	9
73	73	10
74	74	11
75	75	12
76	76	13
77	77	14
78	78	15
79	79	16
80	80	17
81	81	18 - 3 -2023 - 2024 Legislature
82	82	LRB-2134/1
83	83	EAW:klm
84	84	SECTION 3
85	85	ASSEMBLY BILL 83
86	86	SECTION 3. 48.78 (2) (a) of the statutes is amended to read:
87	87	48.78 (2) (a) No agency may make available for inspection or disclose the
88	88	contents of any record kept or information received about an individual who is or was
89	89	in its care or legal custody, except as provided under sub. (2m) or s. 48.371, 48.38 (5)
90	90	(b) or, (d), or (dm) or (5m) (d) or (dm), 48.396 (3) (bm) or (c) 1r., 48.432, 48.433, 48.48
91	91	(17) (bm), 48.57 (2m), 48.66 (6), 48.93, 48.981 (7), 938.396 (2m) (c) 1r., 938.51, or
92	92	938.78 or by order of the court.
93	93	SECTION 4. 938.38 (5) (dm) of the statutes is created to read:
94	94	938.38 (5) (dm) The agency that prepared the permanency plan may provide
95	95	a copy of the permanency plan and any written comments submitted under par. (bm)
96	96	1. to the out-of-home care provider of the child. A permanency plan provided to an
97	97	out-of-home care provider of the child under this paragraph shall be redacted to
98	98	protect information that is required to remain confidential, including confidentiality
99	99	under s. 48.396 (1) and (2), 48.57 (3p) (i), 48.685 (2) (c) 1., 48.686 (4s) (m), 48.981 (7),
100	100	49.83, 51.30 (4), 118.125 (2), 146.82 (1), or 938.396 (1) and (2), or that is required to
101	101	remain confidential under federal law.
102	102	SECTION 5. 938.38 (5m) (dm) of the statutes is created to read:
103	103	938.38 (5m) (dm) The agency that prepared the permanency plan may provide
104	104	a copy of the permanency plan and any written comments submitted under par. (c)
105	105	1. to the out-of-home care provider of the child. A permanency plan provided to an
106	106	out-of-home care provider of the child under this paragraph shall be redacted to
107	107	protect information that is required to remain confidential, including confidentiality
108	108	under s. 48.396 (1) and (2), 48.57 (3p) (i), 48.685 (2) (c) 1., 48.686 (4s) (m), 48.981 (7),
109	109	49.83, 51.30 (4), 118.125 (2), 146.82 (1), or 938.396 (1) and (2), or that is required to
110	110	remain confidential under federal law.
111	111	1
112	112	2
113	113	3
114	114	4
115	115	5
116	116	6
117	117	7
118	118	8
119	119	9
120	120	10
121	121	11
122	122	12
123	123	13
124	124	14
125	125	15
126	126	16
127	127	17
128	128	18
129	129	19
130	130	20
131	131	21
132	132	22
133	133	23
134	134	24
135	135	25 - 4 -2023 - 2024 Legislature LRB-2134/1
136	136	EAW:klm
137	137	SECTION 6 ASSEMBLY BILL 83
138	138	SECTION 6. 938.78 (2) (a) of the statutes is amended to read:
139	139	938.78 (2) (a) No agency may make available for inspection or disclose the
140	140	contents of any record kept or information received about an individual who is or was
141	141	in its care or legal custody, except as provided under sub. (2m) or (3) or s. 48.396 (3)
142	142	(bm) or (c) 1r., 938.371, 938.38 (5) (b) or, (d), or (dm) or (5m) (d) or (dm), 938.396 (2m)
143	143	(c) 1r., 938.51, or 938.57 (2m) or by order of the court.
144	144	SECTION 7.0Initial applicability.
145	145	(1) PERMANENCY PLAN TO AN OUT-OF-HOME CARE PROVIDER. This act first applies
146	146	to a permanency review or permanency hearing on the 30th day after the effective
147	147	date of this subsection.
148	148	(END)
149	149	1
150	150	2
151	151	3
152	152	4
153	153	5
154	154	6
155	155	7
156	156	8
157	157	9
158	158	10
159	159	11